Code Napoleon

Code Napoléon

Code Napoléon or Code Civil , first modern legal code of France, promulgated by Napoleon I in 1804. The work of J. J. Cambacérès and a commission of four appointed by Napoleon I in 1800 was important in making the final draft. The Code Napoléon embodied the private law of France (i.e., law regulating relations between individuals) and, as modified by amendments, it is still in force in that country. It is a revised form of the Roman law , i.e., the civil law , which prevailed generally on the Continent. It shows, of course, many specific French modifications, some based on the Germanic law that had been in effect in N France. The code follows the Institutes of the Roman Corpus Juris Civilis in dividing civil law into personal status (e.g., marriage), property (e.g., easements), and the acquisition of property (e.g., wills), and it may be regarded as the first modern analogue to the Roman work. Not only was it applied by Napoleon to the territories under his control—N Italy, the Low Countries, and some of the German states—but it exerted a strong influence on Spain (and ultimately on the Latin American countries) and on all European countries except England. It was the forerunner, in France and elsewhere, of codifications of the other branches of law, including civil procedure, commercial law, and criminal law. Quebec prov. and the state of Louisiana owe much of their law to the Code Napoléon. In addition to the Code Civil, Napoleon was responsible for four other codes: the Code of Civil Procedure (1807), Commercial Code (1808), Code of Criminal Procedure (1811), and the Penal Code (1811).

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Code Napoléon

Code Napoléon (or Code Civil) The first modern codification of French civil law, issued between 1804 and 1810, which sought, under the direction of J. J. Cambacérès, to reorganize the French legal system. Napoleon himself presided over the commission drafting the laws, which drew on the philosophical heritage of the 18th-century Enlightenment, the articles of the laws representing a compromise between revolutionary principles and the ancient Roman (i.e. civil) law upon which much European law was based. The code enshrines the principles of equality, the separation of civil and ecclesiastical jurisdictions, and the freedom of the individual. With its compressed legislative style (the entire law of tort is set out in five articles), the Code represents perhaps the pinnacle of the codification achievement; versions of it were adopted in various European countries, and later spread through colonization to Latin America and parts of Africa. It was revised in 1904, and has remained the basis of French private law.

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"Code Napoléon." A Dictionary of World History. 2000. Encyclopedia.com. 31 May. 2012 <http://www.encyclopedia.com>.

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Code Napoléon

CODE NAPOLÉON

CODE NAPOLÉON. Among the most important post revolutionary reforms in France was the unification and simplification of the French laws, prepared under Napoleon Bonaparte's direction and promulgated in 1804 as the French civil code, commonly called the Code Napoléon. It served as the model for the digest of the civil laws of Orleans Territory, promulgated in 1808 and commonly called the Old Louisiana Code, which, revised and amended in 1825, 1870, and 1974 as the civil code of Louisiana, remains today the basic law of the state of Louisiana. Louisiana is unique among the states in that its legal system is based on Roman civil law, not common law.

BIBLIOGRAPHY

Drago, George. Jefferson's Louisiana: Politics and the Clash of Legal Traditions. Cambridge, Mass.: Harvard University Press, 1975.

Haas, Edward F., ed. Louisiana's Legal Heritage. Pensacola, Fla.: Perdido Bay Press, 1983.

WalterPrichard/t. m.

See alsoCommon Law ; Orleans, Territory of ; State Constitutions .

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"Code Napoléon." Dictionary of American History. 2003. Encyclopedia.com. 31 May. 2012 <http://www.encyclopedia.com>.

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Code Napoléon

Code Napoléon French civil law, first introduced (1804) by Napoleon I. Based on Roman law, the Code was intended to end the disunity of French law and was applied to all French territories. It banned social inequality, permitted freedom of person and contract and upheld the right to own private property. It was revised in 1904 and remains the basis of French civil law.

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"Code Napoléon." World Encyclopedia. 2005. Encyclopedia.com. 31 May. 2012 <http://www.encyclopedia.com>.

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Code Napoléon

Code Napoléon the French legal code drawn up under Napoleon I in 1804.

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ELIZABETH KNOWLES. "Code Napoléon." The Oxford Dictionary of Phrase and Fable. 2006. Encyclopedia.com. 31 May. 2012 <http://www.encyclopedia.com>.

ELIZABETH KNOWLES. "Code Napoléon." The Oxford Dictionary of Phrase and Fable. 2006. Encyclopedia.com. (May 31, 2012). http://www.encyclopedia.com/doc/1O214-CodeNapolon.html

ELIZABETH KNOWLES. "Code Napoléon." The Oxford Dictionary of Phrase and Fable. 2006. Retrieved May 31, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1O214-CodeNapolon.html

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