French Civil Law Code

  • Autor de la entrada:
  • Categoría de la entrada:Sin categoría

The number of codes and digitization prompted the Superior Codification Commission in its 2011 annual report: The influence of the code is not limited to Louisiana. The legislature designed the civil and penal codes of the State of New York, which were first completed in 1850, according to the Napoleonic Code. These codes have served as models for similar codes in other states and the federal government. The old common law was codified and summarized in codes. In 1800, Napoleon led his army across the Alps to defeat the Austrians in Italy. A few months later, he agreed with Spain to return Louisiana to France. In 1802, he was appointed «First Consul for Life» by popular vote. The same year, he signed peace treaties with several countries. The brief period of peace that followed allowed Napoleon to carry out his plans to unify the French nation. This included drafting a new code of law that would apply equally to all French citizens, regardless of class. Like other legal systems of the time, the Civil Code made a woman legally inferior to her husband: «The husband owes protection to his wife, and the wife owes obedience to her husband.» Without her husband`s permission, a woman could not do business. In addition, it was unable to conclude contracts. The Civil Code provided for the idea of community property.

This means that a married couple is co-owner of all the property they have accumulated during their marriage and, in the event of divorce, they must share it equally. But the code limited this progressive (albeit very old) idea. Only the husband legally controlled all family property during the marriage, including property that his wife owned before the marriage. With 36 laws and 2,281 articles arranged in 3 parts devoted to persons, property and property, written in a clear and concise style to avoid any ambiguity, the Civil Code was «a corpus of laws intended to regulate and fix social, family and commercial relations between men of the same city» (Portalis: Overview). More traditional than some of his more revolutionary colleagues, Bonaparte left his mark on the Civil Code, reintroducing the superiority of husband and father in the family context. Women passed from the control of their fathers to the control of their husbands and could not perform any legal acts or administer their property without their consent – they were not even allowed to freely exercise the profession of their choice. It is only after the age of 25 that children are no longer under the authority of their father and can marry without asking his permission. Fathers were also allowed to send their children to places of improvement if they found the child`s behaviour unacceptable. After all, nationality was only passed down by the father – the only people who could be French were those whose father was French. There were other measures that retained more of their revolutionary inspiration, such as divorce (which was only allowed by mutual consent) and equality of children in terms of inheritance. Adoption, which is permitted only for persons who have reached the age of responsibility, is also regulated by the Civil Code.

The Commercial Code was adopted in 1807. [12] The heart of the Commercial Code is Book III, «On the Different Ways of Acquiring Goods», of the Napoleonic Code. It is a standard on contracts and transactions. 3. What are the important differences between the code and common law systems? In 1808, a code of criminal investigation was published. This code laid down the criminal procedure. The pre-revolution parliamentary system was guilty of many abuses, while the criminal courts created by the revolution were a complex and inefficient system that faced many local constraints. The emergence of this code has given rise to much discussion. The resulting code is the basis of the modern so-called «inquisitorial» system of criminal courts used in France and in many civil law countries, although it has evolved considerably since the time of Bonaparte (especially with regard to the extension of the rights of the accused). [13] 1. Why did Napoleon believe that a new code of law was necessary for the France? The French codes, which now number more than 60,[15] are frequently modified and reinterpreted by the courts. Therefore, for more than a century, all applicable codes have been documented in the annually revised editions of Dalloz (Paris).

[16] These editions consist of detailed notes with references to other codes, relevant laws, judicial decisions (even if not published) and international instruments. The «small» version of the Civil Code comprises nearly 3,000 pages in this form, which are available in print and online. Additional documents, including scientific papers, will be added in the larger «expert» version and the even larger «mega» version, both available in print and on searchable CD-ROM. At this point, it was suggested, the Civil Code had become «less of a book than a database.» [17] The term «Code Napoléon» is also used to refer to the jurisdictions of other jurisdictions influenced by the French Code Napoléon, in particular the Civil Code of Lower Canada (replaced by the Civil Code of Quebec in 1994), which is primarily derived from the Coutume de Paris, which the British continued to use in Canada after the Treaty of Paris of 1763. Most of the laws of Latin American countries are also influenced by the Napoleonic Code, for example .dem Chilean Civil Code and the Puerto Rican Civil Code. After defeating Napoleon at Waterloo in 1815, the British imprisoned him on a remote island.[23] .