The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French civil code, established under Napoléon I. This article is about the country For a topic outline on this subject see List of basic France topics. A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of Private law. Napoleon Bonaparte (15 August 1769 – 5 May 1821 was a French military and political leader who had a significant impact on the History of Europe. It was drafted rapidly by a commission of four eminent jurists and entered into force on March 21, 1804. Events 630 - Byzantine emperor Heraclius restores the True Cross to Jerusalem. Year 1804 ( MDCCCIV) was a Leap year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Even though the Napoleonic code was not the first legal code to be established in a European country with a civil legal system — it was preceded by the Codex Maximilianeus bavaricus civilis (Bavaria, 1756), the Allgemeines Landrecht (Prussia, 1792) and the West Galician Code, (Galicia, then part of Austria, 1797) — it is considered the first successful codification and strongly influenced the law of many other countries. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. The three major legal systems of the world today consist of civil law, Common law and Religious law. The Codex Maximilianeus bavaricus civilis is a Civil code enacted in the Duchy of Bavaria in 1756 Bavaria ( German:, with an area of 70553 Km² (27241 square miles and almost 12 Landrecht, Allgemeines Landrecht, or General state laws for the Prussian states (in German Allgemeines Landrecht für die Preußischen Staaten often Prussia ( Latin: Borussia, Prutenia; Prūsija Prūsija Prusy Old Prussian: Prūsa) was most recently a historic state The West Galician code was a civil code created in the 18th century and introduced in West Galicia, an administrative region of the Habsburg Monarchy, created after The Kingdom of Galicia and Lodomeria official (Königreich Galizien und Lodomerien mit dem Großherzogtum Krakau und den Herzogtümern Auschwitz und Zator official Austria (Österreich ( officially the Republic of Austria (Republik Österreich In Law, codification is the process of collecting and restating the law of a Jurisdiction in certain areas usually by subject forming a Legal code. The Code, with its stress on clearly written and accessible law, was a major step in establishing the rule of law. The rule of law, in its most basic form is the principle that no one is above the law Historians have called it "one of the few documents which have influenced the whole world. "[1]
Contents |
History
The Napoleonic Code was based on earlier French laws as well as Roman law, and followed Justinian's Corpus Juris Civilis in dividing civil law into:
- personal status;
- property;
- acquisition of property. Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting Flavius Petrus Sabbatius Iustinianus ( Greek: Φλάβιος Πέτρος Σαββάτιος Ιουστινιανός; known in English as Justinian I or The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 Property is any physical or virtual entity that is owned by an individual
Napoleon set out to reform the French legal system in accordance with the principles of the French Revolution because the old feudal and royal laws seemed to be confusing and contradictory to the people. The French Revolution (1789–1799 was a period of political and social upheaval in the History of France, during which the French governmental structure previously an Before the Code, France did not have a single set of laws; laws depended on local customs, and often on exemptions, privileges and special charters granted by the kings or other feudal lords. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society A privilege &mdashetymologically "private law" or law relating to a specific individual&mdashis a special Entitlement or immunity granted by a government During the Revolution the vestiges of feudalism were abolished, and the many different legal systems used in different parts of France were to be replaced by a single legal code, whose writing Jean Jacques Régis de Cambacérès had been charged to lead. Feudalism, a term first used in the early modern period (17th century in its most classic sense refers to a Medieval Europe Political system composed Jean-Jacques-Régis de Cambacérès 1st Duc de Parma, ( 18 October 1753 &ndash 8 March 1824) was However, due to the turmoils of war and unrest, the situation did not much advance until Napoleon's era ensured more stability and Cambacérès, then Second Consul under Napoleon, could work in a more serene manner. First Consul (Premier Consul was a title used by Napoleon Bonaparte following his seizure of power in France.
Developing out of the various customs of France, notably the Coutume de Paris, this recodification process was inspired by Justinian's codified Roman law. In Law, custom can be described as the established patterns of behavior that can be objectively verified within a particular social setting Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting The development of the Code was a fundamental change in the nature of the civil law legal system; it made laws much clearer. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. The reaction to the Civil Code and other subsequent codes resulted in considerable debate within France's legislative bodies.
In ancien régime France, law courts, known as the Parlements, had often taken up a legislative role by judges protesting royal decisions – to protest excesses of royal power or, in some occasions, in order to defend the privileges of the social classes to which the judges belonged. Ancien Régime ( pronounced: /ɑ̃sjɛ̃ ʁeʒim/ refers primarily to the aristocratic social and political system established in This article is for the Ancien Régime institution For the post-Revolutionary and present-day institution see French Parliament. A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation The latter was especially true in the final years before the Revolution. As a result, the French Revolution took a negative view of judges making law. This is reflected in the Napoleonic Code prohibiting judges from passing judgments exceeding the matter that is to be judged, because general rules are the domain of the law, a legislative, not judicial, power. In theory, there is thus no case law in France. Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law However, the courts still had to fill the gaps in the laws and regulations; thus a large body of jurisprudence was born; while there is no rule of stare decisis (binding precedent), the decisions by important courts have become more or less equivalent to case law. Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature Stare decisis is a common law doctrine under which judges are obligated to follow the precedents established in prior decisions
Contents of the code
The preliminary article of the Code established certain important provisions regarding to the rule of law. The rule of law, in its most basic form is the principle that no one is above the law Laws could only be applied if they had been duly promulgated, and if they had been published officially (including provisions for publishing delays, given the means of communication available at the time); thus no secret laws were authorized. It prohibited ex post facto laws (i. e. laws that apply to events that occurred before them). The code also prohibited judges from refusing justice on grounds of insufficiency of the law — therefore encouraging them to interpret the law. It, however, prohibited judges from passing general judgments of a legislative value, see above.
With regard to family, the Code established the supremacy of the husband with respect to the wife and children; this was the general legal situation in Europe at the time. It, however, allowed divorce on relatively liberal basis compared to other European countries, including divorce by mutual consent. Divorce or dissolution of marriage is the termination of a Marriage. [2] Following chapters discuss various aspects of property.
Other French codes of Napoleon's era
Penal Code
In 1791, Louis Michel le Peletier de Saint-Fargeau had presented a new criminal code to the national Constituent Assembly. Louis Michel Le Peletier de Saint-Fargeau (sometimes rendered as Louis Michel Lepelletier de Saint-Fargeau; May 29, 1760 &ndash January 20, [3] He explained that it outlawed only "true crimes" and not "phony offenses, created by superstition, feudalism, the tax system, and [royal] despotism. " He did not list the crimes "created by superstition" (meaning the Christian religion), but these certainly included blasphemy, heresy, sacrilege, and witchcraft. A Christian is a person who adheres to Christianity, a monotheistic Religion centered on the life and teachings of Jesus of Nazareth All these former offenses were swiftly decriminalized. In 1810, a new criminal code was issued under Napoleon. As with the Penal Code of 1791, and probably owing to Cambacérès' influence, it did not contain provisions against religious crimes or same-sex acts. The French Penal Code of 1791 was a Penal code adopted under the French Revolution between 25 September and 6 October 1791. Jean-Jacques-Régis de Cambacérès 1st Duc de Parma, ( 18 October 1753 &ndash 8 March 1824) was
Code of Civil Procedure
As the entire legal system was being overhauled, the Code of Civil Procedure was adopted in 1806.
Commercial Code
The Commercial Code was adopted in 1807. [4]
Code of Criminal Instructions
In 1808, a "Code of Criminal Instruction" (Code d'instruction criminelle) was published. This code laid out criminal procedure. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. The parlement system from before the Revolution had been guilty of much abuse; the criminal courts established by the Revolution were a complex and ineffective system, subject to many local pressures. This article is for the Ancien Régime institution For the post-Revolutionary and present-day institution see French Parliament. The genesis of this code resulted in much debate. The resulting code is the basis of the modern so-called "inquisitorial system" of criminal courts, used in France and many civil law countries — though, of course, it has significantly changed since Napoléon's days (especially, with improvements of the right of the defense). This article is about the inquisitorial system for organizing court proceedings Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world.
The French Revolution's Declaration of the Rights of Man and of the Citizen had declared that suspects were presumed to be innocent until they had been declared to be guilty by a court of law. The Declaration of the Rights of Man and Citizen (Déclaration des droits de l'Homme et du citoyen is a fundamental document of the French Revolution, defining A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its A concern of Bonaparte's was the possibility of arbitrary arrest, or excessive remand (imprisonment prior to a trial). Bonaparte remarked that care should be taken to preserve personal freedoms especially when the case was before the Imperial Court: "these courts would have a great strength, they should be prohibited from abusing this situation against weak citizen without connections. " However, remand still was the normal procedure for suspects of severe crimes, such as murder. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries
The possibility for justice to endorse lengthy remand periods was one reason why the Napoleonic Code was criticized for de facto presumption of guilt, particularly in common law countries. The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive However, the legal proceedings certainly did not have de jure presumption of guilt; for instance, the juror's oath explicitly recommended that the jury did not betray the interests of the defendants, and took attention of the means of defense.
The rules governing court proceedings, by today's standards, probably gave too much power to the prosecution; it must be said, however, that criminal justice in European countries in those days tended to side with repression. For instance, it was only in 1836 that prisoners charged with a felony were allowed to have counsel (i. In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. e. a lawyer) in England (the Prisoners' Counsel Act)[5]. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland In comparison, article 294 of the Napoleonic Code of Criminal Procedure allowed the defendant to have a lawyer before the Court of Assizes (judging felonies), and mandated the court to appoint him a lawyer if he did not have one (failure to do so rendered the proceedings null). A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person
Whether or not the assize courts, whose task was to judge severe crimes, were to operate with a jury was a topic of considerable controversy; Bonaparte supported judgment juries, and they were finally adopted. The Court of Assize, or Assizes, is a medieval term for Legal codes (such as Assizes of Jerusalem) that continues to be used in modern times A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them On the other hand, Bonaparte was opposed to the indictment jury ("grand jury" in common law countries) and preferred to give this task to the criminal section of the Court of Appeal. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal Some special courts were created for the judgment of criminals who could intimidate the jury. Intimidation (also called cowing) is intentional behavior "which would cause a person of ordinary sensibilities" fear of Injury or Harm.
Bonaparte also insisted that the courts judging civil and criminal cases should be the same, if only to give them more prestige. Private law (Civil law is that part of a Legal system that involves relationships between individuals In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment
Codes in other countries
Even though the Napoleonic Code was not the first civil code and did not represent the whole of his empire, it was one of the most influential. A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of Private law. It was adopted in many countries occupied by the French during the Napoleonic Wars and thus formed the basis of the private law systems also of Italy, the Netherlands, Belgium, Spain, Portugal and their former colonies. The Napoleonic Wars (1803-1815 involved Napoleon's French Empire and a shifting set of European allies and opposing coalitions Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest The Netherlands ( Dutch:, ˈnedərlɑnt is the European part of the Kingdom of the Netherlands, which consists of the Netherlands the Netherlands The Kingdom of Belgium is a Country in northwest Europe. It is a founding member of the European Union and hosts its headquarters as well as those Spain () or the Kingdom of Spain (Reino de España is a country located mostly in southwestern Europe on the Iberian Peninsula. Portugal, officially the Portuguese Republic (República Portuguesa is a country on the Iberian Peninsula. In the German regions on the left bank of the Rhine (Rhenish Palatinate and Prussian Rhine Province) the Napoleonic code was in use until the introduction of the Bürgerliches Gesetzbuch in 1900 as the first common civil code for the entire German Empire. The Palatinate (Pfalz Pfälzer dialect Palz) historically also Rhenish Palatinate (palatinatum Renensis Rheinpfalz is a region in south-western Germany Prussia ( Latin: Borussia, Prutenia; Prūsija Prūsija Prusy Old Prussian: Prūsa) was most recently a historic state The Rhine Province (Rheinprovinz also known as Rhenish Prussia ( Rheinpreußen) was a province of the Kingdom of Prussia and the Free The Bürgerliches Gesetzbuch (or BGB) is the Civil code of Germany. The German Empire is the name commonly used in English to describe Germany from 1871 to 1918 when it was a semi- Constitutional monarchy: beginning with the Unification
Napoleonic Code was also adopted in 1864 in Romania (with some modifications), which is still in force as of 2006 (articles 461 to 1914). Romania ( dated: Rumania, Roumania Other codes with some influence in their own right were the Swiss, German and Austrian ones, but even there some influence of the French code can be felt, as the Napoleonic Code is considered the first successful codification. The Zivilgesetzbuch (ZGB german, Code civil (CC french or Codice civile (CC italian is the Swiss Civil code The Bürgerliches Gesetzbuch (or BGB) is the Civil code of Germany. The Allgemeines bürgerliches Gesetzbuch ( ABGB) is the Civil Code of Austria, which was enacted in 1811 after about 40 years of preparatory works Thus, the civil law systems of the countries of modern continental Europe, with the exception of Russia and the Scandinavian countries have, to different degrees, been influenced by the Napoleonic Code. Russia (Россия Rossiya) or the Russian Federation ( Rossiyskaya Federatsiya) is a transcontinental Country extending Terminology and usage As a cultural term "Scandinavia" has no official definition and is subject to usage by those who identify with the culture in question as well (The legal systems of the United Kingdom other than Scotland, as well as Ireland and the Commonwealth, are derived from the English common law rather than from Roman roots. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. Ireland (pronounced /ˈaɾlənd/ Éire) is the third largest island in Europe, and the twentieth-largest island in the world Scots law, though also a civil law system, is uncodified; it is strongly influenced by Romano-Dutch legal thought, and after the Act of Union 1707 by English law. Scots law is a unique legal system with an ancient basis in Roman law. The Acts of Union were a pair of Parliamentary Acts passed during 1706 and 1707 by the Parliament of England and the Parliament of Scotland to put into ) The Code has thus been the most permanent legacy of Napoleon.
The term "Napoleonic code" is also used to refer to legal codes of other jurisdictions that are influenced by the French Code Napoleon, especially the civil code of Quebec, which was derived from the Coutume de Paris, which the British continued to use in Canada following the Treaty of Paris in 1763. In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Quebec (kwɨˈbɛk The Treaty of Paris, often called the Peace of Paris, or the Treaty of 1763, was signed on February 10, 1763, by the kingdoms of Great Britain Most of the laws in Latin American countries are also heavily based in the Napoleonic Code, such as the Chilean Civil Code and the Puerto Rican Civil Code. Despite being surrounded by Anglo-Saxon Common Law territories, Louisiana's civil code has kept its Roman roots and some of its aspects feature influences by the Napoleonic Code, but is based more on Roman and Spanish civil traditions. The State of Louisiana ( or, État de Louisiane, pronounced) is a state located in the southern region of the United States of America As a result, the bar exam and legal standards of practice in Louisiana are significantly different from other states, and reciprocity for lawyers from other states is not available. The Napoleonic Code was then put to an end in 1890.
Cultural References
The Napoleonic Code is famously referred to in Tennessee Williams' play and Elia Kazan's filmed version of A Streetcar Named Desire. Thomas Lanier Williams III (March 26 1911 &ndash February 25 1983 better known as Tennessee Williams, was a major American playwright who received many of the top theatrical Elia Mother, ( Greek: Ηλίας Καζάν September 7 1909 &ndash September 28 2003) was a Greek - American A Streetcar Named Desire is a film adaptation of the play of the same name by Tennessee Williams. A Streetcar Named Desire is a 1947 play written by American playwright Tennessee Williams for which he received the Pulitzer Prize Stanley Kowalski refers to the Napoleonic Code to justify his right to Blanche & Stella DuBois' family estate of which he just learned was sold. Stanley Kowalski is a fictional character in Tennessee Williams ' play A Streetcar Named Desire. He is convinced Blanche has used the proceeds from the sale of the estate to purchase expensive personal items, which is why he searches through her things. Generally, he interprets the Code as "What's yours is mine" because he's married to Stella. It is also referred to in James Clavell's "Whirlwind" (p155) as an excuse for consumption of alcohol on a Muslim (Iranian) oil rig; it being French managed and therefore subject to the "Code Napoleon". James Clavell, born Charles Edmund Dumaresq Clavell ( 10 October, 1924 – 7 September, 1994) was a British (later Whirlwind is a novel by James Clavell, first published in 1986. In the novel, and subsequent film, Maurice there is mention that nations with the Napoleonic code did not make homosexual relations between consenting adults in private a crime. Maurice is a 1987 film based on the novel of the same title by E It is also mentioned in episode 408 of The West Wing, "Process Stories". " Process Stories " is episode 73 of The West Wing. Plot It is election night and Bartlet isn't the only winner
See also
References
- ^ Robert B. A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of Private law. The Concordat of 1801 is a reflection of an agreement between Napoleon Bonaparte and Pope Pius VII that reaffirmed the Roman Catholic Church as the majority Holtman, The Napoleonic Revolution (Baton Rouge: Louisiana State University Press, 1981)
- ^ "The Code Napoléon: French Legislation on Divorce," Exploring the European Past: Texts & Images, Second Edition, ed. Timothy E. Gregory (Mason: Thomson, 2007), 62-64.
- ^ A. Eymery (1819). "Livre III, Du Code Penal", Choix de rapports, opinions et discours prononcés à la tribune nationale VI (in French), 320. Retrieved on 2008-03-31. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 307 - After divorcing his wife Minervina, Constantine marries Fausta, the daughter of the retired Roman Emperor
- ^ COMMERCIAL CODE (Legislative Part)
- ^ COMMERCIAL CODE (Legislative Part)
- G. Levasseur, Napoléon et l’élaboration des codes répressifs (Mélanges en homme à Jean Imbert, PUF, 1989 p. 371): Legal analysis of the Code of Criminal Procedure.
- (Code Pénal and Code d'Instruction Criminelle ).
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