Napoleonic Code: Difference between revisions
(473 intermediate revisions by more than 100 users not shown) | |||
Line 1: | Line 1: | ||
{{short description|French civil code established in 1804}} |
|||
{{Infobox document |
|||
{{Use dmy dates|date=October 2023}} |
|||
| document_name = Napoleonic Code |
|||
{{Infobox legislation |
|||
| image = Code Civil 1804.png |
|||
|short_title = Civil Code of the French<br />{{small|{{lang|fr|Code civil des Français}}}} |
|||
| image_size = |
|||
| |
|legislature = Legislature of the [[French Consulate]] |
||
| |
|image = |
||
| |
|imagesize = |
||
|image_upright = |
|||
| title_orig = Code civil des Français<br>Code Napoléon |
|||
| |
|imagealt = |
||
| |
|caption = |
||
| |
|long_title = |
||
|citation = [https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000006070721/2020-09-18/ Code civil] |
|||
| date_effective = 21 March 1804 (current version as of 28 August 2013) |
|||
| |
|territorial_extent = [[France]] |
||
|considered_by = |
|||
| location_of_document = |
|||
| |
|enacted_by = ''[[Corps législatif]]'' |
||
| |
|date_enacted = |
||
| |
|date_passed = |
||
| |
|date_assented = |
||
| |
|royal_assent = |
||
| |
|date_signed = |
||
|signed_by = [[First Consul]] [[Napoleon|Napoleon Bonaparte]] |
|||
|date_commenced = |
|||
|date_effective = {{start date|1804|03|21|df=y}} |
|||
|date_of_expiry = |
|||
|date_repealed = |
|||
|administered_by = |
|||
|bill = |
|||
|bill_citation = |
|||
|bill_date = |
|||
|introduced_by = Jacques de Maleville<br />[[Jean-Étienne-Marie Portalis|Jean Portalis]]<br />[[Félix-Julien-Jean Bigot de Préameneu|Félix Bigot de Préameneu]]<br />[[François Denis Tronchet|François Tronchet]] |
|||
|1st_reading = |
|||
|2nd_reading = |
|||
|3rd_reading = |
|||
|conf_committee_passed = |
|||
|committee_report = |
|||
|date_conf_committee = |
|||
|white_paper = |
|||
|amends = |
|||
|repeals = [https://gallica.bnf.fr/ark:/12148/bpt6k56510716?rk=21459;2 Civil Code of the French Republic] (1803) |
|||
|amended_by = [https://www.legifrance.gouv.fr/loda/id/LEGIARTI000038262578/2019-03-25#LEGIARTI000038262578 Law 2019-2022] on 1 September 2020 |
|||
|repealed_by = |
|||
|related_legislation = |
|||
|summary = |
|||
|keywords = |
|||
|status = amended |
|||
}} |
}} |
||
The '''Napoleonic Code''' ({{Lang-fr|Code Napoléon}}), officially the '''Civil Code of the French''' ({{Lang-fr|Code civil des Français}}; simply referred to as {{lang|fr|Code civil}}), is the [[France|French]] [[civil code]] established during the [[French Consulate]] in 1804 and still in force in France, although heavily and frequently amended since its inception.<ref>{{Cite book |title=Code civil des Français: édition originale et seule officielle |publisher=L'Imprimerie de la République. |place=Paris |year=1804 |url=http://gallica.bnf.fr/ark:/12148/bpt6k1061517/f2.image |access-date= 28 November 2016 |via= Gallica}}</ref> Although [[Napoleon]] himself was not directly involved in the drafting of the Code, as it was drafted by a commission of four eminent jurists,<ref name="Robert B. Holtman 1981">Robert B. Holtman, ''The Napoleonic Revolution'' (Baton Rouge: [[Louisiana State University Press]], 1981)</ref> he chaired many of the commission's plenary sessions,<ref name=Foot01/> and his support was crucial to its passage into law.<ref>Roberts, Andrew, ''Napoleon: A Life'',"Lawgiver"</ref> |
|||
The code, with its stress on clearly written and accessible law, was a major milestone in the abolition of the previous patchwork of [[Feudalism|feudal]] laws.<ref>{{cite journal | url=https://www.jstor.org/stable/pdf/1327640.pdf | jstor=1327640 | title=Napoleon and His Code | last1=Lobingier | first1=Charles Sumner | journal=Harvard Law Review | date=1918 | volume=32 | issue=2 | pages=114–134 | doi=10.2307/1327640 }}</ref> Historian Robert Holtman regards it as one of the few documents that have influenced the whole world.<ref name="Robert B. Holtman 1981"/> The Napoleonic Code is often portrayed to be one of the most widespread systems of law in the world, claimed to be in force in various forms in about 120 countries, but many of those countries are [[civil code]] countries that had their own version of their civil code for centuries.<ref>{{cite web |title=The Napoleonic Code {{!}} History of Western Civilization II |url=https://courses.lumenlearning.com/suny-hccc-worldhistory2/chapter/the-napoleonic-code/ |website=courses.lumenlearning.com |access-date=30 January 2021}}</ref> |
|||
The '''Napoleonic Code '''({{Lang-fr|'''Code Napoléon'''}}, and officially '''''Code civil des Français''''') is the [[France|French]] [[civil code]] established under [[Napoleon|Napoléon I]] in 1804.<ref>{{Cite book |title=Code civil des français: édition originale et seule officielle |publisher= L'Impremerie de la République. XII |place= Paris |year= 1804 |page= |url=http://gallica.bnf.fr/ark:/12148/bpt6k1061517/f2.image|accessdate= November 28, 2016|via= Gallica}}</ref> |
|||
The Napoleonic Code was not the first legal code to be established in a European country with a [[civil law (legal system)|civil-law]] [[List of national legal systems|legal system]]; it was preceded by the {{lang|la|[[Codex Maximilianeus bavaricus civilis]]}} ([[Electorate of Bavaria|Bavaria]], 1756), the {{lang|de|[[Allgemeines Landrecht]]}} ([[Kingdom of Prussia|Prussia]], 1794), and the ''[[West Galician Code]]'' ([[Kingdom of Galicia and Lodomeria|Galicia]], then part of [[Austrian Empire|Austria]], 1797).{{cn|date=June 2023}} It was, however, the first modern legal code to be adopted with a pan-European scope, and it strongly influenced the law of many of the countries formed during and after the [[Napoleonic Wars]].<ref>[https://www.cambridge.org/core/books/abs/history-of-law-in-europe/french-revolution-and-the-law/39F246BD158F001C5ACBFB8B471A6D35 29 - The French Revolution and the Law], in ''Part IV - The Age of Reforms (1750–1814)'', Cambridge University Press, 31 July 2017; Antonio Padoa-Schioppa, |
|||
It was drafted by a commission of four eminent jurists and entered into force on 21 March 1804.<ref name="Robert B. Holtman 1981">Robert B. Holtman, ''The Napoleonic Revolution'' (Baton Rouge: [[Louisiana State University Press]], 1981)</ref> The Code, with its stress on clearly written and accessible law, was a major step in replacing the previous patchwork of [[feudal]] laws. Historian Robert Holtman regards it as one of the few documents that have influenced the whole world.<ref name="Robert B. Holtman 1981"/> |
|||
Translated by |
|||
Caterina Fitzgerald</ref><ref name="Robert B. Holtman 1981"/> The Napoleonic Code influenced developing countries outside Europe attempting to modernise and defeudalise their countries through legal reforms, such as those in the [[Middle East]],<ref>{{cite book|page=19|title=Globalization and New International Public Works Agreements in Developing Countries: An Analytical Perspective|author=Mohamed A.M. Ismail | publisher=Routledge |year=2016|isbn=9781317127031|url=https://books.google.com/books?id=f-gFDAAAQBAJ|via=[[Google Books]]|quote="All civil codes of Arab Middle Eastern states are based on Napoleonic Codes and were influenced by Egyptian legislation"}}</ref> while in [[Latin America]] the Spanish and Portuguese had established their own versions of the civil code.<ref>{{cite journal | url=https://www.jstor.org/stable/840794 | jstor=840794 | title=Civil Law and Common Law in the Legal Method of Puerto Rico | last1=Matta | first1=Liana Fiol | journal=[[The American Journal of Comparative Law]] | date=1992 | volume=40 | issue=4 | pages=783–815 | doi=10.2307/840794 }}</ref> |
|||
[[File:Speyer (DerHexer) 2010-12-19 051.jpg|thumb|The Napoleonic Code in the [[Historical Museum of the Palatinate]] in [[Speyer]]]] |
[[File:Speyer (DerHexer) 2010-12-19 051.jpg|thumb|The Napoleonic Code in the [[Historical Museum of the Palatinate]] in [[Speyer]]]] |
||
==History== |
==History== |
||
The categories of the Napoleonic Code were not drawn from earlier French |
The categories of the Napoleonic Code were not drawn from earlier French law, but instead from [[Justinian I|Justinian's]] sixth-century codification of [[Roman law]], the ''[[Corpus Juris Civilis]]'', and within it, the ''Institutes''.<ref>{{cite journal| author = Iain Stewart | title = ''Mors Codicis'': End of the Age of Codification? | journal = Tulane European & Civil Law Forum | volume = 27 | pages = 17 at 23–24 | year = 2012 }}</ref> The ''Institutes'' divide into the law of: |
||
#persons |
# persons |
||
#things |
# things |
||
#actions. |
# actions. |
||
Similarly, the Napoleonic Code divided law into |
Similarly, the Napoleonic Code divided the law into four sections: |
||
#persons |
# persons |
||
#property |
# property |
||
#acquisition of property |
# acquisition of property |
||
#civil procedure (moved into a separate code in 1806). |
# civil procedure (moved into a separate code in 1806). |
||
===Prior codification attempts=== |
|||
===Napoleonic reforms=== |
|||
Before the Napoleonic Code, France did not have a single set of [[law]]s; law consisted mainly of local customs, sometimes officially compiled in "custumals" (''[[Old French law|coutumes]]''), notably the ''[[Custom of Paris in New France|Custom of Paris]]''. There were also exemptions, [[Privilege (law)|privileges]], and special [[Charter|charters]] granted by kings or other feudal lords. With the Revolution, the last vestiges of feudalism were abolished.{{fact|date=March 2024}} |
|||
{{unreferenced section|date=March 2011}} |
|||
Specifically, as to civil law, the many different bodies of law used in different parts of France were to be replaced by a single legal code. The [[National Constituent Assembly (France)|Constituent Assembly]] on 5 October 1790 voted for a codification of French laws, the [[French Constitution of 1791|Constitution of 1791]] promised one, and the [[National Assembly (French Revolution) |National Assembly]] adopted a unanimous resolution on 4 September 1791 providing that "there shall be a code of civil laws common for the entire realm."<ref>Constitution of 3 September 1791, 1.11: "''Il sera fait un Code de lois civiles communes à tout le Royauame''".</ref> However, it was the [[National Convention]] in 1793 which established a special commission headed by [[Jean-Jacques-Régis de Cambacérès]] to oversee the drafting process.<ref>Cronin, Vincent (1972). ''Napoleon Bonaparte. An Intimate Biography.'' pp. 176, 193, 283</ref> |
|||
Napoleon set out to reform the French legal system in accordance with the ideas of the [[French Revolution]], because the old feudal and royal laws seemed confusing and contradictory. Before the Napoleonic Code, France did not have a single set of [[law]]s; law consisted mainly of local customs, which had sometimes been officially compiled in "customals" (''[[coutume]]s''), notably the ''[[Coutume|Coutume de Paris]]''. There were also exemptions, [[privilege (legal ethics)|privileges]], and special charters granted by the kings or other feudal lords. During the Revolution, the last vestiges of [[feudalism]] were abolished. |
|||
His drafts of 1793 (for which Cambacérès had been given a one month deadline), 1794, and 1796 were all rejected by a National Convention and the [[French Directory]] of the time was more preoccupied with the turmoil resulting from various wars and strife with other European powers. The first draft contained 719 articles and was very revolutionary, but was rejected for being too technical and criticised for not being radical or philosophical enough. The second, with only 297 articles, was rejected for being too brief and was criticised for being a mere manual of morals. The third, expanded to 1,104 articles, was presented under the conservative Directory regime, but never even came up for discussion.{{fact|date=March 2024}} |
|||
Specifically, as to civil law, the many different bodies of law used in different parts of France were replaced by a single legal code. [[Jean-Jacques Régis de Cambacérès]] led this drafting process. His drafts of 1793 (for which he had been given a one-month deadline), 1794, and 1799, however, were adopted only piecemeal by a [[National Convention]] more concerned about the turmoil resulting from the various wars and strife with other European powers. |
|||
Another commission, established in December 1799 established a fourth outline drafted in part by {{ILL|Jean-Ignace Jacqueminot|fr}} (1754–1813). Jacqueminot's draft, the so-called ''loi Jacqueminot'', dealt almost exclusively with persons<ref>Eric Descheemaeker, ''The Division of Wrongs: A Historical Comparative Study'' (Oxford: Oxford University Press, 2009), 128.</ref> and emphasised the need to reform the [[divorce]] laws, to strengthen parental authority and increase the testator's freedom to dispose of the free portion of his estate.<ref>Tom Holmberg, "The Civil Code: an Overview", ''The Napoleon Series'', September 2002, [online] <https://www.napoleon-series.org/research/government/code/c_code2.html>.</ref> It was rejected. |
|||
A fresh start was made after Napoleon came to power in 1799. A commission of four eminent jurists was appointed in 1800, including [[Louis-Joseph Faure]] and chaired by Cambacérès (now [[Second Consul]]), and sometimes by the [[First Consul]], Napoleon himself. The Code was complete by 1801, after intensive scrutiny by the [[Council of State (France)|Council of State]], but was not published until 21 March 1804. It was promulgated as the "Civil Code of the French" (''Code civil des Français''), but was renamed "the Napoleonic Code" (''Code Napoléon'') from 1807 to 1815, and once again after the [[Second French Empire]]. |
|||
===Napoleonic reforms=== |
|||
The process developed mainly out of the various customals, but was inspired by Justinian’s sixth-century codification of [[Roman law]], the [[Corpus Iuris Civilis]] and, within that, Justinian's Code (''Codex''). The Napoleonic Code, however, differed from Justinian’s in important ways: it incorporated all kinds of earlier rules, not only legislation; it was not a collection of edited extracts, but a comprehensive rewrite; its structure was much more rational; it had no religious content; and it was written in the vernacular. |
|||
{{unreferenced section|date=March 2011}} |
|||
Napoleon's victory at the [[Battle of Marengo]] allowed him to consolidate his power in France<ref>Hollins, ''Encyclopedia'', pp. 605–606.</ref> Returning to Paris, he appointed on 12 August 1800 a commission of distinguished jurists and politicians, including [[:fr:Jacques de Maleville]], [[François Denis Tronchet]], [[Félix-Julien-Jean Bigot de Préameneu]], [[Jean-Étienne-Marie Portalis]] to draft a civil code.<ref>Zamoyski, Adam, ''Napoleon: A Life'',"Caesar"</ref> For this commission, Cambacérès (now Second Consul), and Napoleon himself chaired the plenary sessions.<ref name=Foot01/> After this process finished, the Code was sent to the [[Legislative Body]] as a preliminary bill in December 1801, where it was rejected by a vote of 142 to 139.<ref name=Foot02/> In response, Napoleon announced on 2 January 1802 that he was suspending all projects, effectively closing the assemblies' sessions; simultaneously, he went to the [[Sénat conservateur]] to berate its members. These tactics cowed the legislature into submission, and gave Napoleon the majority he needed.<ref>Zamoyski, Adam, ''Napoleon: A Life'',"Peace"</ref> The code finally came into effect on 21 March 1804.<ref name=Foot03/> |
|||
The process developed mainly out of the various customs,{{what|date=June 2023}} but was inspired by Justinian's sixth-century codification of [[Roman law]], the ''[[Corpus Juris Civilis]]'' and, within that, Justinian's Code (''Codex''). The Napoleonic Code, however, differed from Justinian's in important ways: |
|||
The development of the Napoleonic Code was a fundamental change in the nature of the [[civil law (legal system)|civil law]] system, making laws clearer and more accessible. It also superseded the former conflict between royal legislative power and, particularly in the final years before the Revolution, protests by judges representing views and privileges of the social classes to which they belonged. Such conflict led the Revolutionaries to take a negative view of judges making law. |
|||
* it incorporated all kinds of earlier rules, not just legislation; |
|||
* it was not a collection of edited extracts, but a comprehensive rewrite; |
|||
* its structure was much more rational; |
|||
* it had no religious content |
|||
* it was written in the [[vernacular]]. |
|||
The Napoleonic Code marked a fundamental change in the nature of the [[civil law (legal system)|civil law legal system]], making laws clearer and [[rule of law|more accessible]]. It also superseded the former conflict between royal legislative power and, particularly in the final years before the Revolution, protests by judges representing views and privileges of the social classes to which they belonged. Such conflict led the Revolutionaries to take a negative view of judges making law. |
|||
This is reflected in the Napoleonic Code provision prohibiting judges from deciding a case by way of introducing a general rule (Article 5), since the creation of general rules is an exercise of legislative and not of judicial power. In theory, there is thus no [[case law]] in France. However, the courts still had to fill in the gaps in the laws and regulations and, indeed, were prohibited from refusing to do so (Article 4). Moreover, both the code and legislation have required judicial interpretation. Thus a vast body of judicially-created law (''jurisprudence'') has come into existence. There is no rule of ''[[stare decisis]]'' (binding precedent) in French law, but decisions by important courts have become more or less equivalent to case law (see [[jurisprudence constante]]). |
|||
This is reflected in the Napoleonic Code provision prohibiting judges from deciding a case by way of introducing a general rule (Article 5), since the creation of general rules is an exercise of [[Legislature|legislative]] and not of [[Judiciary|judicial power]]. In theory, there is thus no [[case law]] in France. However, the courts still had to fill in the gaps in the laws and regulations and, indeed, were prohibited from refusing to do so (Article 4). Moreover, both the code and legislation have required judicial interpretation. Thus a vast body of case law has come into existence, but without any rule of ''[[Precedent|stare decisis]]''.{{citation needed|date=January 2024}} |
|||
==Contents of the Napoleonic Code== |
==Contents of the Napoleonic Code== |
||
The preliminary article of the |
The preliminary article of the code established certain important provisions regarding the [[rule of law]]. Laws could be applied only if they had been [[Principle of legality in French criminal law|duly promulgated]], and then only if they had previously been officially published (including provisions for publishing delays, given the means of communication available at the time). In brief, no secret laws were authorised. It prohibited ''[[Ex post facto law|ex post facto]]'' laws (i.e. laws that apply to events that occurred before their introduction). The code also prohibited judges from refusing to do justice on grounds of the insufficiency of the law, thereby encouraging them to interpret the law. On the other hand, it also prohibited judges from making general judgements of a legislative nature (see above).<ref>{{cite web |title=The Napoleonic Code {{!}} History of Western Civilization II |url=https://courses.lumenlearning.com/suny-hccc-worldhistory2/chapter/the-napoleonic-code/ |website=courses.lumenlearning.com |access-date=30 January 2021}}</ref>{{rs?|date=June 2023}} |
||
With regard to family, the Code established the supremacy of the man over the wife and children, which was the general legal situation in Europe at the time.<ref>{{Cite web|url = http://go.galegroup.com.libezp.lib.lsu.edu/ps/i.do?id=GALE%7CCX3446900340&v=2.1&u=lln_alsu&it=r&p=GVRL&sw=w&asid=c08b35013aa5b91235f47c753ac4e5e6|title = Gender|date = 2006|access-date = 17 Feb 2016|website = Gale Virtual Reference Library|publisher = Charles Scribner's Sons|last = Smith|first = Bonnie}}</ref> A woman was given fewer rights than a minor. Divorce by mutual consent was abolished in 1804.<ref>"The ''Code Napoléon'': French Legislation on Divorce," ''Exploring the European Past: Texts & Images'', Second Edition, ed. Timothy E. Gregory (Mason: Thomson, 2007), 62-64.</ref> |
|||
==Other French codes of Napoleon's era== |
|||
With regard to family, the code established the supremacy of the husband over his wife and children, the ''status quo'' in Europe at the time. Women had even fewer rights than children. Divorce by mutual consent was abolished in 1804.<ref>"The ''Code Napoléon'': French Legislation on Divorce," ''Exploring the European Past: Texts & Images'', Second Edition, ed. Timothy E. Gregory (Mason: Thomson, 2007), 62–64.</ref> |
|||
===Military code=== |
|||
The Draft on Military Code was presented to Napoleon by the Special Commission headed by Pierre Daru in June 1805; however, as the War Against the Third Coalition progressed, the Code was put aside and never implemented. Napoleon was '''bullied''' in Highschool |
|||
==Other French Napoleonic-era codes== |
|||
===Criminal code=== |
|||
The draft Military Code was presented to Napoleon by the special commission headed by [[Pierre Daru]] in June 1805; however, as the [[War of the Third Coalition]] progressed, the code was put aside and never implemented. |
|||
In 1791, [[Louis-Michel le Peletier, marquis de Saint-Fargeau|Louis Michel le Peletier de Saint-Fargeau]] presented a new criminal code to the national Constituent Assembly.<ref>{{cite book|url=https://books.google.com/books?id=wOcvAAAAMAAJ |
|||
|accessdate=2008-03-31 |
|||
In 1791, [[Louis-Michel le Peletier, marquis de Saint-Fargeau|Louis Michel le Peletier de Saint-Fargeau]] presented a new criminal code to the [[National Constituent Assembly (France)|National Constituent Assembly]].<ref>{{cite book|url=https://books.google.com/books?id=wOcvAAAAMAAJ |
|||
|access-date=2008-03-31 |
|||
|year=1819 |
|year=1819 |
||
|language= |
|language=fr |
||
|place=Paris |
|place=Paris |
||
|publisher=A. Eymery |
|publisher=A. Eymery |
||
Line 79: | Line 111: | ||
|chapter=Livre III ... du code pénal |
|chapter=Livre III ... du code pénal |
||
|title=Choix de rapports, opinions et discours prononcés à la tribune nationale |
|title=Choix de rapports, opinions et discours prononcés à la tribune nationale |
||
}}</ref> He explained that it outlawed only |
}}</ref> He explained that it outlawed only "true crimes", and not "phony offences created by superstition, feudalism, the tax system, and [royal] [[despotism]]".<ref>"ces délits factices, créés par la superstition, la féodalité, la fiscalité et le despotisme" (id., p 325).</ref> He did not list the crimes "created by superstition". The new penal code did not mention [[blasphemy]], [[heresy]], [[sacrilege]], [[witchcraft]], [[incest]], or [[homosexuality]], which led to these former offences being swiftly decriminalised. In 1810, a [[French Penal Code of 1810|new criminal code]] was issued under Napoleon. As with the [[French Penal Code of 1791|Penal Code of 1791]], it did not contain provisions for religious crimes, incest, or homosexuality. |
||
* After an overhaul of the entire legal system, the new code of civil procedure was adopted in 1806. |
|||
===Code of civil procedure=== |
|||
As the entire legal system was being overhauled, the code of civil procedure was adopted in 1806. |
|||
* The commercial code (''{{ILL|code de commerce|fr}}'') was adopted in 1807.<ref>[http://www.legifrance.gouv.fr/rechCodeArticle.do?reprise=true&page=1 Code de commerce] Retrieved 2011-12-30</ref> The kernel of the commercial code is the Book III, "Of The Different Modes of Acquiring Property", of the Napoleonic Code, which sets out norms for [[Transaction cost|contracts and transactions]]. |
|||
===Commercial code=== |
|||
The commercial code (''code de commerce'') was adopted in 1807.<ref>[http://www.legifrance.gouv.fr/rechCodeArticle.do?reprise=true&page=1 Code de commerce] Retrieved 2011-12-30</ref> |
|||
The kernel of the commercial code is the [http://www.napoleon-series.org/research/government/code/book3/c_title03.html BOOK III], "Of The Different Modes Of Acquiring Property", of the Napoleonic Code. It is a norm about the [[Transaction cost|contracts and transactions]]. |
|||
* ''Code d'instruction'': In 1808, the ''code d'instruction criminelle'' was published, laying out [[criminal procedure]]. The ''[[parlement]]'' system from before the Revolution, had been much abused, and the criminal courts established by the Revolution were complex and ineffective, subject to many local pressures. The genesis of this code resulted in much debate and the basis of the modern [[inquisitorial system]] of criminal courts in France and many civil law countries. It has significantly changed since, especially with regard to the rights of the defendant.<ref> Adhémar Esmein, ''A History of Continental Criminal Procedure'' (1913) pp. 528–616. [https://archive.org/details/ahistorycontine01mittgoog/page/n28/mode/2up online]</ref> |
|||
===Code of criminal instruction=== |
|||
{{refimprove section|date=March 2011}} |
|||
In 1808, a code of criminal instruction (''code d'instruction criminelle'') was published. This code laid out [[criminal procedure]]. The ''[[parlement]]'' system, from before the Revolution, had been guilty of much abuse, while the criminal courts established by the Revolution were a complex and ineffective system, subject to many local pressures. 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 (legal system)|civil law]] countries, though significantly changed since Bonaparte's day (especially with regard to the expansion of the rights of the defendant). |
|||
The French Revolution's [[Declaration of the Rights of Man and of the Citizen]] |
The French Revolution's [[Declaration of the Rights of Man and of the Citizen]] enunciated the [[presumption of innocence]] until found guilty. Concerned by the possibility of [[arbitrary arrest and detention]], or excessive [[Pre-trial detention|remand]], Napoleon remarked that care should be taken to preserve personal freedoms, especially before the Imperial Court: "these courts would have a great strength, they should be prohibited from abusing this situation against weak citizens without connections."<ref>{{Cite book |last=Chern |first=Cyril |url=https://books.google.com/books?id=J1PhCwAAQBAJ |title=The Law of Construction Disputes |date=2016-04-04 |publisher=CRC Press |isbn=978-1-317-43346-0 |language=en}}</ref> However, remand still was usual for defendants suspected of serious crimes such as murder. |
||
The possibility of lengthy remand periods was one |
The possibility of lengthy remand periods was one criticism, particularly voiced in common law countries, of the Napoleonic Code and its ''de facto'' [[presumption of innocence|presumption of guilt]]. Another reason was the combination of magistrate and prosecutor into a single role.<ref>{{cite news|title=French Criminal Procedure|url=https://timesmachine.nytimes.com/timesmachine/1895/04/14/102454136.pdf |archive-url=https://web.archive.org/web/20200603212142/https://timesmachine.nytimes.com/timesmachine/1895/04/14/102454136.pdf |archive-date=2020-06-03 |url-status=live|access-date=14 June 2011|newspaper=New York Times|date=14 April 1895}}</ref> However, with the work of the ''[[Examining magistrate|juge d'instruction]]'' accomplished, the trial itself did not have the same ''[[de jure]]'' presumption of guilt; for instance, the juror's oath explicitly required jurors not betray the interests of the defendants or ignore their defence. |
||
The rules governing court proceedings |
The rules governing court proceedings gave significant power to the prosecution; however, criminal justice in European countries in those days tended to repression. For instance, it was only in 1836 that prisoners charged with a [[felony]] were given a formal [[right to counsel]] in [[Right to counsel#In the United Kingdom|England]]. In comparison, article 294 of the Napoleonic Code of Criminal Procedure{{clarify|reason=Did you mean, the '1808 code d'instruction criminelle'?|date=September 2023}} allowed the defendant access to a lawyer before a ''[[Cour d'assises]]'', and mandated the court to appoint a lawyer for the defendants who did not have one. (Failing to do so nullified the proceedings.) |
||
Whether or not the |
Whether or not the ''Cour d'assises'', which judges severe crimes, should operate with a [[jury]] was a topic of considerable controversy. Napoleon supported jury trials (or ''petit jury''), and they were finally adopted. On the other hand, Napoleon opposed the [[indictment]] jury ("[[grand jury]]" of [[common law]] countries), and preferred to assign this task to the criminal division of the [[Appellate court|Court of Appeals]]. Special courts were created to judge criminals who might intimidate the jury. |
||
==French codes in the 21st century== |
|||
Bonaparte also insisted that the courts judging [[Private law|civil]] and [[crime|criminal]] cases should be the same, if only to give them more prestige. |
|||
The French codes, now more than 60 in number,<ref>{{cite web|url=http://www.legifrance.gouv.fr/initRechCodeArticle.do|title=Recherche simple dans les codes en vigueur - Legifrance|work=legifrance.gouv.fr}}</ref> are frequently amended, as well as [[Judicial review|judicially re-interpreted]]. Therefore, for over a century all of the codes in force have been documented in the annually revised editions published by [[Dalloz]] (Paris).<ref>{{cite web|url=http://boutique.dalloz.fr|title=Code civil, Code du travail, tous les livres de droit des Editions Dalloz|work=dalloz.fr}}</ref> These editions consist of thorough [[annotation]]s, with references to other codes, relevant [[statute]]s, judicial decisions (even if unpublished), and international instruments. The "small (''petit'')" version of the Civil Code in this form is nearly 3,000 pages, available in print and online. Additional material, including scholarly articles, is added in the larger "expert (''expert'')" version and the still larger "mega (''méga'')" version, both of which are available in print and on searchable [[CD-ROM]]. By this stage, it has been suggested, the Civil Code has become "less a book than a database".<ref>{{cite journal| author = Iain Stewart | title = ''Mors Codicis'': End of the Age of Codification? | journal = Tulane European & Civil Law Forum | volume = 27 | pages = 17 at 24–25 | year = 2012 }}</ref> |
|||
The sheer number of codes, together with digitisation, led the ''Commission supérieure de codification'' to reflect in its annual report for 2011: |
|||
==The French codes in the 21st century== |
|||
The French codes, now more than 60 in number,<ref>{{cite web|url=http://www.legifrance.gouv.fr/initRechCodeArticle.do|title=Recherche simple dans les codes en vigueur - Legifrance|work=legifrance.gouv.fr}}</ref> are frequently amended, as well as [[Judicial review|judicially re-interpreted]]. Therefore, for over a century all of the codes in force have been documented in the annually revised editions published by [[Dalloz]] (Paris).<ref>{{cite web|url=http://boutique.dalloz.fr|title=Code civil, Code du travail, tous les livres de droit des Editions Dalloz|work=dalloz.fr}}</ref> These editions consist of thorough [[annotation]]s, with references to other codes, relevant [[statute]]s, judicial decisions (even if unpublished), and international instruments. The "small (''petit'')" version of the Civil Code in this form is nearly 3,000 pages, available in print and online. Additional material, including scholarly articles, is added in the larger "expert (''expert'')" version and the still larger "mega (''méga'')" version, both of which are available in print and on searchable [[CD-ROM]]. By this stage, it has been suggested, the Civil Code has become "less a book than a database".<ref>{{cite journal| author = Iain Stewart | title = ''Mors Codicis'': End of the Age of Codification? | journal = Tulane European & Civil Law Forum | volume = 27 | pages = 17 at 24–25 | year = 2012 }}</ref> |
|||
<blockquote>The Commission observes that the age of drawing up new codes is probably reaching its end. The aim of a nearly complete codification of the law is no longer pursued, for three reasons: firstly, the technical developments by which texts are provided in non-physical form offer to users modes of access that are comparable in many ways to those available through a code; secondly, the creation of new codes encounters a kind of law of diminishing returns in that, the more progress that is made in the development of new codes, the trickier it becomes to determine in which code particular provisions should be located; and, finally, it is clear that certain kinds of provision [...] are unsuitable for codification, since codification makes sense only when it involves provisions that possess sufficient generality.<ref>[http://www.legifrance.gouv.fr/Droit-francais/Codification/Rapports-annuels-de-la-CSC Commission supérieure de codification, ''Vingt et unième rapport annuel 2010''] (Paris, 2011), 13; quoted and translated, {{cite journal| author = Iain Stewart | title = ''Mors Codicis'': End of the Age of Codification? | journal = Tulane European & Civil Law Forum | volume = 27 | pages = 17 at 25 | year = 2012 }}</ref></blockquote> |
|||
The sheer number of codes, together with digitisation, led the Commission supérieure de codification to reflect in its annual report for 2011: |
|||
A year later, the Commission recommended that, after its current codification projects were completed, there should not be any further codes; an additional reason was government delay in publishing reforms that the Commission had completed.<ref>[http://www.legifrance.gouv.fr/Droit-francais/Codification/Rapports-annuels-de-la-CSC Commission supérieure de codification, ''Vingt-deuxième rapport annuel 2011''] (Paris, 2012), 21.</ref> The government responded encouragingly in March 2013, but the Commission complains that this has not been followed through; in particular, that the government has abandoned its plan for a public service code (''code général de la fonction publique'').<ref>[http://www.legifrance.gouv.fr/Droit-francais/Codification/Rapports-annuels-de-la-CSC Commission supérieure de codification, ''Vingt-quatrième rapport annuel 2013''] (Paris, 2014), 6-7.</ref> |
|||
A year later, the Commission recommended that, after its current codification projects were completed, there should not be any further codes; an additional reason was government delay in publishing reforms that the Commission had completed.<ref>[http://www.legifrance.gouv.fr/Droit-francais/Codification/Rapports-annuels-de-la-CSC Commission supérieure de codification, ''Vingt-deuxième rapport annuel 2011''] (Paris, 2012), 21.</ref> The government responded encouragingly in March 2013, but the Commission complains that this has not been followed through; in particular, that the government has abandoned its plan for a public service code (''code général de la fonction publique'').<ref>[http://www.legifrance.gouv.fr/Droit-francais/Codification/Rapports-annuels-de-la-CSC Commission supérieure de codification, ''Vingt-quatrième rapport annuel 2013''] (Paris, 2014), 6-7.</ref> |
|||
==Codes in other countries== |
==Codes in other countries== |
||
{{ |
{{more citations needed section|date=February 2012}} |
||
Even though the Napoleonic Code was [[civil code#Important civil codes|not the first]] civil code and did not |
Even though the Napoleonic Code was [[civil code#Important civil codes|not the first]] civil code and did not represent the whole of his empire, it was one of the most influential. It was adopted in many countries occupied by the French during the Napoleonic Wars.<ref>Senkowska-Gluck, Monika. "Effects of Napoleonic Legislation on the Development of the 19th-century Europe." ''Acta Poloniae Historica'' 38 (1978): 185–198. {{ISSN|0001-6829}}</ref> In the German regions on the west bank of the Rhine ([[Palatinate (region)|Rhenish Palatinate]] and Prussian [[Rhine Province]]), the former [[Duchy of Berg]] and the [[Grand Duchy of Baden]], the Napoleonic Code was influential until the introduction of the ''[[Bürgerliches Gesetzbuch]]'' in 1900 as the first common civil code for the entire [[German Empire]].<ref name="Arvind TT; Stirton L 2010 1–29">{{cite journal |author1=Arvind TT|author2= Stirton L |title=Explaining the Reception of the Code Napoleon in Germany: a fuzzy-set qualitative comparative analysis |journal=Legal Studies |volume=30 |issue=1 |pages=1–29 |date=March 2010 |doi=10.1111/j.1748-121X.2009.00150.x |s2cid=53581236 |url=http://www3.interscience.wiley.com/journal/123270568/abstract|archive-url=https://archive.today/20130105071047/http://www3.interscience.wiley.com/journal/123270568/abstract|url-status=dead|archive-date=2013-01-05}}</ref> |
||
A number of factors have been shown by Arvind and Stirton to have had a determinative role in the decision by the German states to receive the |
A number of factors have been shown by Arvind and Stirton to have had a determinative role in the decision by the German states to receive the code, including territorial concerns, Napoleonic control and influence, the strength of central state institutions, a feudal economy and society, rule by [[Liberalism|liberal]] ([[Enlightened absolutism|enlightened despotic]]) rulers, [[nativism (politics)|nativism]] among the governing elites, and popular [[anti-French sentiment]].<ref name="Arvind TT; Stirton L 2010 1–29"/> |
||
A civil code with |
A civil code with Napoleonic code influences was also adopted in 1864 in [[United Principalities of Moldavia and Wallachia|Romania]], and remained in force until 2011.<ref>{{cite web | url=http://anndrei.ro/noul-cod-civil-promoveaza-medierea/ | title=Noul Cod civil promovează medierea | date=2013-05-05 | access-date=2013-05-31 | archive-date=2013-07-25 | archive-url=https://web.archive.org/web/20130725045740/http://anndrei.ro/noul-cod-civil-promoveaza-medierea/ | url-status=dead }}</ref> |
||
The term "Napoleonic Code" is also used to refer to legal codes of other [[jurisdictions]] that are influenced by the ''French Code Napoléon'', especially the ''[[Civil Code of Lower Canada]]'' (replaced in 1994 by the ''[[Civil Code of Quebec]]''), mainly derived from the ''[[Old French law|Coutume de Paris]]'', which the British continued to use in [[Canada]] following the [[Treaty of Paris (1763)|1763 Treaty of Paris]]. However, most of the laws in Latin American countries are not heavily influenced on the Napoleonic Code, as the Spanish and Portuguese versions of the civil code formed the foundation of the Latin American legal systems e.g. the [[Chilean Civil Code|Chilean]], [[Law of Mexico|Mexican]],<ref>[https://www.elsevier.es/en-revista-mexican-law-review-123-articulo-the-need-remove-civil-code-S1870057817300082 The Need to Remove the Civil Code from Mexican Commercial Laws: the Case of "Offers" and "Firm Promises"]; Mexican Law review Vol. 10. Issue 1, pages 21-44 (July - December 2017) |
|||
Thus, the civil law systems of the countries of modern continental Europe, with the exception of [[Russia]] and the [[Scandinavia|Scandinavian countries]] have, to different degrees, been influenced by the Napoleonic Code. The legal systems of the [[United Kingdom]] other than [[Scotland]], as well as [[Ireland]] and the Commonwealth, are derived from [[English common law]] rather than from Roman roots. [[Scots law]], though also a civil law system, is uncodified; it was strongly influenced by [[Roman-Dutch law|Roman-Dutch]] legal thought, and after the [[Act of Union 1707]], by English law. |
|||
DOI: 10.22201/iij.24485306e.2017.19.11382</ref> and Puerto Rican civil codes.<ref>{{Citation |year= 1950 |last=Rabel |first=Ernst |contribution= Private Laws of Western Civilization: Part II. The French Civil Code |title=Louisiana Law Review |volume=10 |issue=2 |pages=110 |url=http://digitalcommons.law.lsu.edu/lalrev/vol10/iss2/2/ |access-date= 1 December 2016}}</ref> |
|||
In [[Mauritius]], the Civil Code, which originates from the Napoleonic Code, represents an important primary source of law and provides for the rights of individuals, matrimonial regimes, contract law, and property law, amongst others.<ref>{{cite web | url=https://www.mauritiuscounsel.com/mauritian-legal-system/ | title=The Mauritian Legal System | date=January 2018 }}</ref> The French Civil Code was extended to Mauritius under the title ''Code Napoléon'' by decree of [[Charles Mathieu Isidore Decaen]], ''Capitaine-General'', on 21 April 1808.<ref>{{Cite web |title=electronic |url=https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/88152/114145/F-172904586/MUS88152%20Fre.pdf |website=www.ilo.org}}</ref> The Code was modified and embodied in Chapter 179 of the Revised Laws of Mauritius 1945, edited by Sir Charlton Lane, former Chief Justice of Mauritius. The 1808 decree was repealed by Act 9 of 1983, but the Revision of Laws Act which was enacted in 1974, made provision, in section 7, for the publication of the Code under the title "Code Civil Mauricien."<ref>[https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/88152/114145/F-172904586/MUS88152%20Fre.pdf Code Civil Mauricien]</ref> |
|||
In the [[Arab states of the Persian Gulf|Persian Gulf]] [[Arab]] states of the Middle East, the influence of the Napoleonic Code mixed with hints of Islamic law is clear, even in Saudi Arabia (which abides more towards Islamic law). In Kuwait, for example, property rights, women’s rights, and the education system can be seen as Islamic reenactments of the French civil code. Some of these aspects can be seen in other Persian Gulf Arab states (although less pronounced than in Kuwait), this primarily being due to the relatively democratic nature of Kuwait, rather than the absolutist nature of many other Persian Gulf nations. {{Citation needed|date=August 2015}} |
|||
In the United States, the legal system is largely based on [[English law|English common law]]. But the state of [[Louisiana]] is unique in having a strong influence from French and Spanish legal traditions on [[Louisiana Civil Code|its civil code]]. Spanish and French colonial forces quarreled over Louisiana during most of the 1700s, with Spain ultimately ceding the territory to France in 1800, which in turn [[Louisiana Purchase|sold the territory to the United States]] in 1803.<ref>{{Cite web|url = http://go.galegroup.com.libezp.lib.lsu.edu/ps/i.do?id=GALE%7CCX3446900575&v=2.1&u=lln_alsu&it=r&p=GVRL&sw=w&asid=be47621d0f52559f686e81e7fc83d650|title = Napoleonic Code|date = 2006|access-date = 17 Feb 2016|website = Gale Virtual Reference Library|publisher = Charles Scribner's Sons|last = Bonfield|first = Lloyd}}</ref> The [[Tenth Amendment to the United States Constitution|10th Amendment]] to the U.S. Constitution grants states control of laws not specifically given to the federal government, so Louisiana's legal system retains many French elements. Examples of the practical legal differences between Louisiana and the other states include the [[Bar examination|bar exam]] and legal standards of practice for attorneys in Louisiana being significantly different from other states; Louisiana is the only U.S. state to practice [[Forced heirship|forced inheritance]] of an estate; additionally, some of Louisiana's laws clash with the [[Uniform Commercial Code]] practiced by the other 49 states.<ref>Engber, Daniel. [http://www.slate.com/articles/news_and_politics/explainer/2005/09/louisianas_napoleon_complex.html Is Louisiana Under Napoleonic Code?] Slate.com, retrieved 11 September 2014</ref> |
|||
The term "Napoleonic Code" is also used to refer to legal codes of other [[jurisdictions]] that are influenced by the ''French Code Napoléon'', especially the ''[[Civil Code of Lower Canada]]'' (replaced in 1994 by the ''[[Civil Code of Quebec]]''), mainly derived from the ''[[Coutume de Paris]]'', which the British continued to use in Canada following the [[Treaty of Paris (1763)|Treaty of Paris]] in 1763. Most of the laws in [[Latin American]] countries are also heavily based on the Napoleonic Code, e.g. the [[Civil Code (Chile)|Chilean Civil Code]] and the Puerto Rican Civil Code.<ref>{{Cite |year= 1950 |last=Rabel |first=Ernst |contribution= Private Laws of Western Civilization: Part II. The French Civil Code |title=Louisiana Law Review |issue= |place= |volume=10 |pages=110 |url=http://digitalcommons.law.lsu.edu/lalrev/vol10/iss2/2/ |accessdate= December 1, 2016}}</ref> |
|||
==Notes== |
|||
In the United States, whose legal system is largely based on English common law, the state of [[Louisiana]] is unique in having a strong influence from Napoleonic Code and Spanish legal traditions on its [[Law of Louisiana|civil code]] (Spanish and French colonial forces quarreled over Louisiana during most of the 1700s, with Spain ultimately ceding the territory to France in 1800, which in turn sold the territory to the United States in 1803).<ref>{{Cite web|url = http://go.galegroup.com.libezp.lib.lsu.edu/ps/i.do?id=GALE%7CCX3446900575&v=2.1&u=lln_alsu&it=r&p=GVRL&sw=w&asid=be47621d0f52559f686e81e7fc83d650|title = Napoleonic Code|date = 2006|access-date = 17 Feb 2016|website = Gale Virtual Reference Library|publisher = Charles Scribner's Sons|last = Bonfield|first = Lloyd}}</ref> Examples of the practical legal differences between Louisiana and the other states include the [[bar exam]] and legal standards of practice for attorneys in Louisiana being significantly different from other states; Louisiana being the only American state to practice [[forced heirship]] of a deceased person's estate; and some of Louisiana's laws clashing with the [[Uniform Commercial Code]] practiced by the other 49 states.<ref>Engber, Daniel. [http://www.slate.com/articles/news_and_politics/explainer/2005/09/louisianas_napoleon_complex.html Is Louisiana Under Napoleonic Code?] Slate.com, retrieved 11 September 2014</ref> |
|||
<ref name=Foot01>{{cite book |author=Roberts, Andrew |title=Napoleon: A Life |publisher=Penguin |year=2014 |chapter=Lawgiver |mode=cs2}}. Of the commission's 107 plenary sessions, Napoleon chaired 55.</ref> |
|||
==Popular culture== |
|||
* The Napoleonic code is mentioned by ''[[Stanley Kowalski]]'' in [[A Streetcar Named Desire (1951 film)|''A Streetcar Named Desire'' (1951 film)]], in an effort to ensure he could benefit from any inheritance his wife Stella might share with her sister ''[[Blanche DuBois]]'' |
|||
<ref name=Foot02>{{cite book |author=Roberts, Andrew |title=Napoleon: A Life |publisher=Penguin |year=2014 |chapter=Lawgiver |mode=cs2}}. It also failed in the [[Tribunate]].</ref> |
|||
<ref name=Foot03>{{cite book |author=Zamoyski, Adam |title=Napoleon: A Life |publisher=Basic Books|year=2018 |chapter=Caesar |mode=cs2}}. It was promulgated as the "Civil Code of the French" (''Code civil des Français''), but would be known as "the Napoleonic Code" (''Code Napoléon'')</ref> |
|||
==References== |
==References== |
||
* {{Cite book|last=Hollins|first=David|title="Battle of Marengo" in The Encyclopedia of the French Revolutionary and Napoleonic War|publisher=ABC-CLIO|year=2006|isbn=1-85109-646-9}} |
|||
{{Reflist|2}} |
|||
===Citations=== |
|||
;Notes |
|||
{{Reflist}} |
|||
* G. Levasseur, "Napoléon et l’élaboration des codes répressifs" in ''Mélanges en hommage à Jean Imbert'' (Paris, PUF, 1989) p. 371 |
|||
* [http://ledroitcriminel.free.fr/la_legislation_criminelle/anciens_textes.htm ''Code Pénal'' and ''Code d'Instruction Criminelle'' - Original French Texts and other old legislation] |
|||
===General and cited references=== |
|||
* G. Levasseur, "Napoléon et l’élaboration des codes répressifs", in ''Mélanges en hommage à Jean Imbert'' (Paris, PUF, 1989) p. 371 |
|||
* [https://web.archive.org/web/20060116023443/http://ledroitcriminel.free.fr/la_legislation_criminelle/anciens_textes.htm ''Code Pénal'' and ''Code d'Instruction Criminelle'' – Original French Texts and other old legislation] |
|||
==Further reading== |
|||
* Crabb, John H., trans. ''The French Civil Code'', revised ed. (as amended to 1 July 1994). Littleton, Colo.: Fred B. Rothman & Co.; Deventer, The Netherlands: Kluwer Law and Taxation, 1995. |
|||
* Fairgrieve, Duncan, ed. ''The Influence of the French Civil Code on the Common Law and Beyond''. London: British Institute of International and Comparative Law, 2007. |
|||
* Fisher, H. A. L. "The Codes", in ''Cambridge Modern History'', ed. A. W. Ward (1906). Vol. IX, pp. 148–179. An old standard scholarly summary. [https://archive.org/details/in.ernet.dli.2015.55514 online free] |
|||
* Halperin, Jean-Louis. ''The French Civil Code''. Trans. Tony Weir. London: Routledge, 2006. |
|||
* Josselin, Jean-Michel, and Alain Marciano. "The Making of the French Civil Code: An Economic Interpretation". ''European Journal of Law and Economics'' 14.3 (2002): 193–203. [https://www.researchgate.net/profile/Alain_Marciano/publication/5145610_The_Making_of_the_French_Civil_Code_An_Economic_Interpretation/links/580f0e9a08aef766ef115982.pdf online] |
|||
* Lobingier, Charles Summer. "Napoleon and His Code". ''Harvard Law Rev.'' 32 (1918): 114+. [https://archive.org/details/jstor-1327640 online] |
|||
* Lydorf, Claudia (2012), [http://ieg-ego.eu/en/threads/crossroads/legal-families/claudia-lydorf-romance-legal-family?set_language=en&-C= Romance Legal Family], [http://www.ieg-ego.eu/ EGO – European History Online], Mainz: [http://www.ieg-mainz.de/likecms/index.php Institute of European History], retrieved: 25 March 2021 ([https://d-nb.info/1043606750/34 pdf]). |
|||
* Schwartz, Bernard, ed. ''The Code Napoleon and the common-law world: the sesquicentennial lectures delivered at the Law Center of New York University, December 13–15, 1954'' (The Lawbook Exchange, Ltd., 1998). 438 pp. |
|||
* Séjean, Michel et al., eds. ''French civil code, 2020: English, French, Arabic''. Trans. David W. Gruning et al. LexisNexis; Paris: Sader Group, 2020. |
|||
* Smithers, William W. "The Code Napoléon". ''American Law Register'' (1901): 127–147. {{JSTOR|3306716}}. |
|||
* Tunc, André. "Grand Outlines of the Code Napoleon". ''Tulane Law Review'' 29 (1954): 431+. |
|||
* Tunc, André. "Husband and Wife Under French Law: Past, Present, Future". ''University of Pennsylvania Law Review'' 104 (1955): 1064+.[http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7495&context=penn_law_review online] |
|||
==External links== |
==External links== |
||
{{Wikisource1911Enc|Code Napoléon}} |
{{Wikisource1911Enc|Code Napoléon}} |
||
* [[:fr: |
* [[:fr:Code civil (France)|Code Napoléon]] in [[French Wikipedia]] |
||
* [http://www.napoleon-series.org/research/government/c_code.html English |
* [http://www.napoleon-series.org/research/government/c_code.html English translation of the original text] |
||
* {{Cite book |
* {{Cite book |title=The Code Napoleon, or the French Civil Code; Literally Translated from the Original and Official Edition, Published at Paris, in 1804 by A Barrister at the Inner Temple |publisher= Printed for Charles Hunter Booksellers |place=London |edition=1st |url=https://archive.org/stream/codenapoleonorf00statgoog#page/n4/mode/2up |access-date=30 November 2016 |via=the [[Internet Archive]]}} |
||
* [http://www.cambaceres.org/vie-poli/code-civ/cod-civi.htm Beginnings of Napoleonic Code] |
* [http://www.cambaceres.org/vie-poli/code-civ/cod-civi.htm Beginnings of Napoleonic Code] |
||
* [ |
* [https://beta.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000006070721/2021-07-01 Current French Text: Légifrance]{{Dead link|date=April 2024 |bot=InternetArchiveBot |fix-attempted=yes }} |
||
*[http://www.francemagazine.org/articles/issue70/article94.asp?issue_id=70&article_id=94 The |
*[https://web.archive.org/web/20140324190607/http://www.francemagazine.org/articles/issue70/article94.asp?issue_id=70&article_id=94 "The 'Other' Little Red Book"]. Interview with legal historian Jean-Louis Halpérin in ''[[France Magazine]]''. |
||
* [https://frenchrevolution.us/napoleonic-code/ Napoleonic Code] |
|||
{{Civil codes by country|Europe}} |
|||
{{Napoleon}} |
|||
{{Authority control}} |
{{Authority control}} |
||
{{Portal bar|Law|France}} |
{{Portal bar|Law|France}} |
||
{{DEFAULTSORT:Napoleonic Code}} |
{{DEFAULTSORT:Napoleonic Code}} |
||
[[Category:1804 in law]] |
[[Category:1804 in law]] |
||
[[Category:1804 establishments in France]] |
[[Category:1804 establishments in France]] |
||
[[Category:Civil codes]] |
[[Category:Civil codes]] |
||
[[Category: |
[[Category:Law of France]] |
||
[[Category:Napoleon]] |
[[Category:Napoleon]] |
Revision as of 19:11, 6 September 2024
Civil Code of the French Code civil des Français | |
---|---|
Legislature of the French Consulate | |
Citation | Code civil |
Territorial extent | France |
Enacted by | Corps législatif |
Signed by | First Consul Napoleon Bonaparte |
Effective | 21 March 1804 |
Introduced by | Jacques de Maleville Jean Portalis Félix Bigot de Préameneu François Tronchet |
Repeals | |
Civil Code of the French Republic (1803) | |
Amended by | |
Law 2019-2022 on 1 September 2020 | |
Status: Amended |
The Napoleonic Code (French: Code Napoléon), officially the Civil Code of the French (French: Code civil des Français; simply referred to as Code civil), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since its inception.[1] Although Napoleon himself was not directly involved in the drafting of the Code, as it was drafted by a commission of four eminent jurists,[2] he chaired many of the commission's plenary sessions,[3] and his support was crucial to its passage into law.[4]
The code, with its stress on clearly written and accessible law, was a major milestone in the abolition of the previous patchwork of feudal laws.[5] Historian Robert Holtman regards it as one of the few documents that have influenced the whole world.[2] The Napoleonic Code is often portrayed to be one of the most widespread systems of law in the world, claimed to be in force in various forms in about 120 countries, but many of those countries are civil code countries that had their own version of their civil code for centuries.[6]
The Napoleonic Code was not the first legal code to be established in a European country with a civil-law legal system; it was preceded by the Codex Maximilianeus bavaricus civilis (Bavaria, 1756), the Allgemeines Landrecht (Prussia, 1794), and the West Galician Code (Galicia, then part of Austria, 1797).[citation needed] It was, however, the first modern legal code to be adopted with a pan-European scope, and it strongly influenced the law of many of the countries formed during and after the Napoleonic Wars.[7][2] The Napoleonic Code influenced developing countries outside Europe attempting to modernise and defeudalise their countries through legal reforms, such as those in the Middle East,[8] while in Latin America the Spanish and Portuguese had established their own versions of the civil code.[9]
History
The categories of the Napoleonic Code were not drawn from earlier French law, but instead from Justinian's sixth-century codification of Roman law, the Corpus Juris Civilis, and within it, the Institutes.[10] The Institutes divide into the law of:
- persons
- things
- actions.
Similarly, the Napoleonic Code divided the law into four sections:
- persons
- property
- acquisition of property
- civil procedure (moved into a separate code in 1806).
Prior codification attempts
Before the Napoleonic Code, France did not have a single set of laws; law consisted mainly of local customs, sometimes officially compiled in "custumals" (coutumes), notably the Custom of Paris. There were also exemptions, privileges, and special charters granted by kings or other feudal lords. With the Revolution, the last vestiges of feudalism were abolished.[citation needed]
Specifically, as to civil law, the many different bodies of law used in different parts of France were to be replaced by a single legal code. The Constituent Assembly on 5 October 1790 voted for a codification of French laws, the Constitution of 1791 promised one, and the National Assembly adopted a unanimous resolution on 4 September 1791 providing that "there shall be a code of civil laws common for the entire realm."[11] However, it was the National Convention in 1793 which established a special commission headed by Jean-Jacques-Régis de Cambacérès to oversee the drafting process.[12]
His drafts of 1793 (for which Cambacérès had been given a one month deadline), 1794, and 1796 were all rejected by a National Convention and the French Directory of the time was more preoccupied with the turmoil resulting from various wars and strife with other European powers. The first draft contained 719 articles and was very revolutionary, but was rejected for being too technical and criticised for not being radical or philosophical enough. The second, with only 297 articles, was rejected for being too brief and was criticised for being a mere manual of morals. The third, expanded to 1,104 articles, was presented under the conservative Directory regime, but never even came up for discussion.[citation needed]
Another commission, established in December 1799 established a fourth outline drafted in part by Jean-Ignace Jacqueminot (1754–1813). Jacqueminot's draft, the so-called loi Jacqueminot, dealt almost exclusively with persons[13] and emphasised the need to reform the divorce laws, to strengthen parental authority and increase the testator's freedom to dispose of the free portion of his estate.[14] It was rejected.
Napoleonic reforms
Napoleon's victory at the Battle of Marengo allowed him to consolidate his power in France[15] Returning to Paris, he appointed on 12 August 1800 a commission of distinguished jurists and politicians, including fr:Jacques de Maleville, François Denis Tronchet, Félix-Julien-Jean Bigot de Préameneu, Jean-Étienne-Marie Portalis to draft a civil code.[16] For this commission, Cambacérès (now Second Consul), and Napoleon himself chaired the plenary sessions.[3] After this process finished, the Code was sent to the Legislative Body as a preliminary bill in December 1801, where it was rejected by a vote of 142 to 139.[17] In response, Napoleon announced on 2 January 1802 that he was suspending all projects, effectively closing the assemblies' sessions; simultaneously, he went to the Sénat conservateur to berate its members. These tactics cowed the legislature into submission, and gave Napoleon the majority he needed.[18] The code finally came into effect on 21 March 1804.[19]
The process developed mainly out of the various customs,[clarification needed] but was inspired by Justinian's sixth-century codification of Roman law, the Corpus Juris Civilis and, within that, Justinian's Code (Codex). The Napoleonic Code, however, differed from Justinian's in important ways:
- it incorporated all kinds of earlier rules, not just legislation;
- it was not a collection of edited extracts, but a comprehensive rewrite;
- its structure was much more rational;
- it had no religious content
- it was written in the vernacular.
The Napoleonic Code marked a fundamental change in the nature of the civil law legal system, making laws clearer and more accessible. It also superseded the former conflict between royal legislative power and, particularly in the final years before the Revolution, protests by judges representing views and privileges of the social classes to which they belonged. Such conflict led the Revolutionaries to take a negative view of judges making law.
This is reflected in the Napoleonic Code provision prohibiting judges from deciding a case by way of introducing a general rule (Article 5), since the creation of general rules is an exercise of legislative and not of judicial power. In theory, there is thus no case law in France. However, the courts still had to fill in the gaps in the laws and regulations and, indeed, were prohibited from refusing to do so (Article 4). Moreover, both the code and legislation have required judicial interpretation. Thus a vast body of case law has come into existence, but without any rule of stare decisis.[citation needed]
Contents of the Napoleonic Code
The preliminary article of the code established certain important provisions regarding the rule of law. Laws could be applied only if they had been duly promulgated, and then only if they had previously been officially published (including provisions for publishing delays, given the means of communication available at the time). In brief, no secret laws were authorised. It prohibited ex post facto laws (i.e. laws that apply to events that occurred before their introduction). The code also prohibited judges from refusing to do justice on grounds of the insufficiency of the law, thereby encouraging them to interpret the law. On the other hand, it also prohibited judges from making general judgements of a legislative nature (see above).[20][unreliable source?]
With regard to family, the code established the supremacy of the husband over his wife and children, the status quo in Europe at the time. Women had even fewer rights than children. Divorce by mutual consent was abolished in 1804.[21]
Other French Napoleonic-era codes
The draft Military Code was presented to Napoleon by the special commission headed by Pierre Daru in June 1805; however, as the War of the Third Coalition progressed, the code was put aside and never implemented.
In 1791, Louis Michel le Peletier de Saint-Fargeau presented a new criminal code to the National Constituent Assembly.[22] He explained that it outlawed only "true crimes", and not "phony offences created by superstition, feudalism, the tax system, and [royal] despotism".[23] He did not list the crimes "created by superstition". The new penal code did not mention blasphemy, heresy, sacrilege, witchcraft, incest, or homosexuality, which led to these former offences being swiftly decriminalised. In 1810, a new criminal code was issued under Napoleon. As with the Penal Code of 1791, it did not contain provisions for religious crimes, incest, or homosexuality.
- After an overhaul of the entire legal system, the new code of civil procedure was adopted in 1806.
- The commercial code (code de commerce ) was adopted in 1807.[24] The kernel of the commercial code is the Book III, "Of The Different Modes of Acquiring Property", of the Napoleonic Code, which sets out norms for contracts and transactions.
- Code d'instruction: In 1808, the code d'instruction criminelle was published, laying out criminal procedure. The parlement system from before the Revolution, had been much abused, and the criminal courts established by the Revolution were complex and ineffective, subject to many local pressures. The genesis of this code resulted in much debate and the basis of the modern inquisitorial system of criminal courts in France and many civil law countries. It has significantly changed since, especially with regard to the rights of the defendant.[25]
The French Revolution's Declaration of the Rights of Man and of the Citizen enunciated the presumption of innocence until found guilty. Concerned by the possibility of arbitrary arrest and detention, or excessive remand, Napoleon remarked that care should be taken to preserve personal freedoms, especially before the Imperial Court: "these courts would have a great strength, they should be prohibited from abusing this situation against weak citizens without connections."[26] However, remand still was usual for defendants suspected of serious crimes such as murder.
The possibility of lengthy remand periods was one criticism, particularly voiced in common law countries, of the Napoleonic Code and its de facto presumption of guilt. Another reason was the combination of magistrate and prosecutor into a single role.[27] However, with the work of the juge d'instruction accomplished, the trial itself did not have the same de jure presumption of guilt; for instance, the juror's oath explicitly required jurors not betray the interests of the defendants or ignore their defence.
The rules governing court proceedings gave significant power to the prosecution; however, criminal justice in European countries in those days tended to repression. For instance, it was only in 1836 that prisoners charged with a felony were given a formal right to counsel in England. In comparison, article 294 of the Napoleonic Code of Criminal Procedure[clarification needed] allowed the defendant access to a lawyer before a Cour d'assises, and mandated the court to appoint a lawyer for the defendants who did not have one. (Failing to do so nullified the proceedings.)
Whether or not the Cour d'assises, which judges severe crimes, should operate with a jury was a topic of considerable controversy. Napoleon supported jury trials (or petit jury), and they were finally adopted. On the other hand, Napoleon opposed the indictment jury ("grand jury" of common law countries), and preferred to assign this task to the criminal division of the Court of Appeals. Special courts were created to judge criminals who might intimidate the jury.
French codes in the 21st century
The French codes, now more than 60 in number,[28] are frequently amended, as well as judicially re-interpreted. Therefore, for over a century all of the codes in force have been documented in the annually revised editions published by Dalloz (Paris).[29] These editions consist of thorough annotations, with references to other codes, relevant statutes, judicial decisions (even if unpublished), and international instruments. The "small (petit)" version of the Civil Code in this form is nearly 3,000 pages, available in print and online. Additional material, including scholarly articles, is added in the larger "expert (expert)" version and the still larger "mega (méga)" version, both of which are available in print and on searchable CD-ROM. By this stage, it has been suggested, the Civil Code has become "less a book than a database".[30]
The sheer number of codes, together with digitisation, led the Commission supérieure de codification to reflect in its annual report for 2011:
The Commission observes that the age of drawing up new codes is probably reaching its end. The aim of a nearly complete codification of the law is no longer pursued, for three reasons: firstly, the technical developments by which texts are provided in non-physical form offer to users modes of access that are comparable in many ways to those available through a code; secondly, the creation of new codes encounters a kind of law of diminishing returns in that, the more progress that is made in the development of new codes, the trickier it becomes to determine in which code particular provisions should be located; and, finally, it is clear that certain kinds of provision [...] are unsuitable for codification, since codification makes sense only when it involves provisions that possess sufficient generality.[31]
A year later, the Commission recommended that, after its current codification projects were completed, there should not be any further codes; an additional reason was government delay in publishing reforms that the Commission had completed.[32] The government responded encouragingly in March 2013, but the Commission complains that this has not been followed through; in particular, that the government has abandoned its plan for a public service code (code général de la fonction publique).[33]
Codes in other countries
This section needs additional citations for verification. (February 2012) |
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. It was adopted in many countries occupied by the French during the Napoleonic Wars.[34] In the German regions on the west bank of the Rhine (Rhenish Palatinate and Prussian Rhine Province), the former Duchy of Berg and the Grand Duchy of Baden, the Napoleonic Code was influential until the introduction of the Bürgerliches Gesetzbuch in 1900 as the first common civil code for the entire German Empire.[35]
A number of factors have been shown by Arvind and Stirton to have had a determinative role in the decision by the German states to receive the code, including territorial concerns, Napoleonic control and influence, the strength of central state institutions, a feudal economy and society, rule by liberal (enlightened despotic) rulers, nativism among the governing elites, and popular anti-French sentiment.[35]
A civil code with Napoleonic code influences was also adopted in 1864 in Romania, and remained in force until 2011.[36]
The term "Napoleonic Code" is also used to refer to legal codes of other jurisdictions that are influenced by the French Code Napoléon, especially the Civil Code of Lower Canada (replaced in 1994 by the Civil Code of Quebec), mainly derived from the Coutume de Paris, which the British continued to use in Canada following the 1763 Treaty of Paris. However, most of the laws in Latin American countries are not heavily influenced on the Napoleonic Code, as the Spanish and Portuguese versions of the civil code formed the foundation of the Latin American legal systems e.g. the Chilean, Mexican,[37] and Puerto Rican civil codes.[38]
In Mauritius, the Civil Code, which originates from the Napoleonic Code, represents an important primary source of law and provides for the rights of individuals, matrimonial regimes, contract law, and property law, amongst others.[39] The French Civil Code was extended to Mauritius under the title Code Napoléon by decree of Charles Mathieu Isidore Decaen, Capitaine-General, on 21 April 1808.[40] The Code was modified and embodied in Chapter 179 of the Revised Laws of Mauritius 1945, edited by Sir Charlton Lane, former Chief Justice of Mauritius. The 1808 decree was repealed by Act 9 of 1983, but the Revision of Laws Act which was enacted in 1974, made provision, in section 7, for the publication of the Code under the title "Code Civil Mauricien."[41]
In the United States, the legal system is largely based on English common law. But the state of Louisiana is unique in having a strong influence from French and Spanish legal traditions on its civil code. Spanish and French colonial forces quarreled over Louisiana during most of the 1700s, with Spain ultimately ceding the territory to France in 1800, which in turn sold the territory to the United States in 1803.[42] The 10th Amendment to the U.S. Constitution grants states control of laws not specifically given to the federal government, so Louisiana's legal system retains many French elements. Examples of the practical legal differences between Louisiana and the other states include the bar exam and legal standards of practice for attorneys in Louisiana being significantly different from other states; Louisiana is the only U.S. state to practice forced inheritance of an estate; additionally, some of Louisiana's laws clash with the Uniform Commercial Code practiced by the other 49 states.[43]
Notes
References
- Hollins, David (2006). "Battle of Marengo" in The Encyclopedia of the French Revolutionary and Napoleonic War. ABC-CLIO. ISBN 1-85109-646-9.
Citations
- ^ Code civil des Français: édition originale et seule officielle. Paris: L'Imprimerie de la République. 1804. Retrieved 28 November 2016 – via Gallica.
- ^ a b c Robert B. Holtman, The Napoleonic Revolution (Baton Rouge: Louisiana State University Press, 1981)
- ^ a b c Roberts, Andrew (2014), "Lawgiver", Napoleon: A Life, Penguin. Of the commission's 107 plenary sessions, Napoleon chaired 55.
- ^ Roberts, Andrew, Napoleon: A Life,"Lawgiver"
- ^ Lobingier, Charles Sumner (1918). "Napoleon and His Code" (PDF). Harvard Law Review. 32 (2): 114–134. doi:10.2307/1327640. JSTOR 1327640.
- ^ "The Napoleonic Code | History of Western Civilization II". courses.lumenlearning.com. Retrieved 30 January 2021.
- ^ 29 - The French Revolution and the Law, in Part IV - The Age of Reforms (1750–1814), Cambridge University Press, 31 July 2017; Antonio Padoa-Schioppa, Translated by Caterina Fitzgerald
- ^ Mohamed A.M. Ismail (2016). Globalization and New International Public Works Agreements in Developing Countries: An Analytical Perspective. Routledge. p. 19. ISBN 9781317127031 – via Google Books.
All civil codes of Arab Middle Eastern states are based on Napoleonic Codes and were influenced by Egyptian legislation
- ^ Matta, Liana Fiol (1992). "Civil Law and Common Law in the Legal Method of Puerto Rico". The American Journal of Comparative Law. 40 (4): 783–815. doi:10.2307/840794. JSTOR 840794.
- ^ Iain Stewart (2012). "Mors Codicis: End of the Age of Codification?". Tulane European & Civil Law Forum. 27: 17 at 23–24.
- ^ Constitution of 3 September 1791, 1.11: "Il sera fait un Code de lois civiles communes à tout le Royauame".
- ^ Cronin, Vincent (1972). Napoleon Bonaparte. An Intimate Biography. pp. 176, 193, 283
- ^ Eric Descheemaeker, The Division of Wrongs: A Historical Comparative Study (Oxford: Oxford University Press, 2009), 128.
- ^ Tom Holmberg, "The Civil Code: an Overview", The Napoleon Series, September 2002, [online] <https://www.napoleon-series.org/research/government/code/c_code2.html>.
- ^ Hollins, Encyclopedia, pp. 605–606.
- ^ Zamoyski, Adam, Napoleon: A Life,"Caesar"
- ^ a b Roberts, Andrew (2014), "Lawgiver", Napoleon: A Life, Penguin. It also failed in the Tribunate.
- ^ Zamoyski, Adam, Napoleon: A Life,"Peace"
- ^ a b Zamoyski, Adam (2018), "Caesar", Napoleon: A Life, Basic Books. It was promulgated as the "Civil Code of the French" (Code civil des Français), but would be known as "the Napoleonic Code" (Code Napoléon)
- ^ "The Napoleonic Code | History of Western Civilization II". courses.lumenlearning.com. Retrieved 30 January 2021.
- ^ "The Code Napoléon: French Legislation on Divorce," Exploring the European Past: Texts & Images, Second Edition, ed. Timothy E. Gregory (Mason: Thomson, 2007), 62–64.
- ^ "Livre III ... du code pénal". Choix de rapports, opinions et discours prononcés à la tribune nationale (in French). Vol. VI. Paris: A. Eymery. 1819. p. 320. Retrieved 31 March 2008.
- ^ "ces délits factices, créés par la superstition, la féodalité, la fiscalité et le despotisme" (id., p 325).
- ^ Code de commerce Retrieved 2011-12-30
- ^ Adhémar Esmein, A History of Continental Criminal Procedure (1913) pp. 528–616. online
- ^ Chern, Cyril (4 April 2016). The Law of Construction Disputes. CRC Press. ISBN 978-1-317-43346-0.
- ^ "French Criminal Procedure" (PDF). New York Times. 14 April 1895. Archived (PDF) from the original on 3 June 2020. Retrieved 14 June 2011.
- ^ "Recherche simple dans les codes en vigueur - Legifrance". legifrance.gouv.fr.
- ^ "Code civil, Code du travail, tous les livres de droit des Editions Dalloz". dalloz.fr.
- ^ Iain Stewart (2012). "Mors Codicis: End of the Age of Codification?". Tulane European & Civil Law Forum. 27: 17 at 24–25.
- ^ Commission supérieure de codification, Vingt et unième rapport annuel 2010 (Paris, 2011), 13; quoted and translated, Iain Stewart (2012). "Mors Codicis: End of the Age of Codification?". Tulane European & Civil Law Forum. 27: 17 at 25.
- ^ Commission supérieure de codification, Vingt-deuxième rapport annuel 2011 (Paris, 2012), 21.
- ^ Commission supérieure de codification, Vingt-quatrième rapport annuel 2013 (Paris, 2014), 6-7.
- ^ Senkowska-Gluck, Monika. "Effects of Napoleonic Legislation on the Development of the 19th-century Europe." Acta Poloniae Historica 38 (1978): 185–198. ISSN 0001-6829
- ^ a b Arvind TT; Stirton L (March 2010). "Explaining the Reception of the Code Napoleon in Germany: a fuzzy-set qualitative comparative analysis". Legal Studies. 30 (1): 1–29. doi:10.1111/j.1748-121X.2009.00150.x. S2CID 53581236. Archived from the original on 5 January 2013.
- ^ "Noul Cod civil promovează medierea". 5 May 2013. Archived from the original on 25 July 2013. Retrieved 31 May 2013.
- ^ The Need to Remove the Civil Code from Mexican Commercial Laws: the Case of "Offers" and "Firm Promises"; Mexican Law review Vol. 10. Issue 1, pages 21-44 (July - December 2017) DOI: 10.22201/iij.24485306e.2017.19.11382
- ^ Rabel, Ernst (1950), "Private Laws of Western Civilization: Part II. The French Civil Code", Louisiana Law Review, vol. 10, p. 110, retrieved 1 December 2016
- ^ "The Mauritian Legal System". January 2018.
- ^ "electronic" (PDF). www.ilo.org.
- ^ Code Civil Mauricien
- ^ Bonfield, Lloyd (2006). "Napoleonic Code". Gale Virtual Reference Library. Charles Scribner's Sons. Retrieved 17 February 2016.
- ^ Engber, Daniel. Is Louisiana Under Napoleonic Code? Slate.com, retrieved 11 September 2014
General and cited references
- G. Levasseur, "Napoléon et l’élaboration des codes répressifs", in Mélanges en hommage à Jean Imbert (Paris, PUF, 1989) p. 371
- Code Pénal and Code d'Instruction Criminelle – Original French Texts and other old legislation
Further reading
- Crabb, John H., trans. The French Civil Code, revised ed. (as amended to 1 July 1994). Littleton, Colo.: Fred B. Rothman & Co.; Deventer, The Netherlands: Kluwer Law and Taxation, 1995.
- Fairgrieve, Duncan, ed. The Influence of the French Civil Code on the Common Law and Beyond. London: British Institute of International and Comparative Law, 2007.
- Fisher, H. A. L. "The Codes", in Cambridge Modern History, ed. A. W. Ward (1906). Vol. IX, pp. 148–179. An old standard scholarly summary. online free
- Halperin, Jean-Louis. The French Civil Code. Trans. Tony Weir. London: Routledge, 2006.
- Josselin, Jean-Michel, and Alain Marciano. "The Making of the French Civil Code: An Economic Interpretation". European Journal of Law and Economics 14.3 (2002): 193–203. online
- Lobingier, Charles Summer. "Napoleon and His Code". Harvard Law Rev. 32 (1918): 114+. online
- Lydorf, Claudia (2012), Romance Legal Family, EGO – European History Online, Mainz: Institute of European History, retrieved: 25 March 2021 (pdf).
- Schwartz, Bernard, ed. The Code Napoleon and the common-law world: the sesquicentennial lectures delivered at the Law Center of New York University, December 13–15, 1954 (The Lawbook Exchange, Ltd., 1998). 438 pp.
- Séjean, Michel et al., eds. French civil code, 2020: English, French, Arabic. Trans. David W. Gruning et al. LexisNexis; Paris: Sader Group, 2020.
- Smithers, William W. "The Code Napoléon". American Law Register (1901): 127–147. JSTOR 3306716.
- Tunc, André. "Grand Outlines of the Code Napoleon". Tulane Law Review 29 (1954): 431+.
- Tunc, André. "Husband and Wife Under French Law: Past, Present, Future". University of Pennsylvania Law Review 104 (1955): 1064+.online
External links
- Code Napoléon in French Wikipedia
- English translation of the original text
- The Code Napoleon, or the French Civil Code; Literally Translated from the Original and Official Edition, Published at Paris, in 1804 by A Barrister at the Inner Temple (1st ed.). London: Printed for Charles Hunter Booksellers. Retrieved 30 November 2016 – via the Internet Archive.
- Beginnings of Napoleonic Code
- Current French Text: Légifrance[permanent dead link]
- "The 'Other' Little Red Book". Interview with legal historian Jean-Louis Halpérin in France Magazine.
- Napoleonic Code