Code Napoléon

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Code Napoléon

(kôd näpôlāôN`) or

Code Civil

(sēvēl`), first modern legal codecode,
in law, in its widest sense any body of legal rules expressed in fixed and authoritative written form. A statute thus may be termed a code. Codes contrast with customary law (including common law), which is susceptible of various nonbinding formulations, as in the legal
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 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 lawRoman law,
the legal system of Rome from the supposed founding of the city in 753 B.C. to the fall of the Byzantine Empire in A.D. 1453; it was later adopted as the basis of modern civil law.
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, i.e., the civil lawcivil law,
as used in this article, a modern legal system based upon Roman law, as distinguished from common law. Civil law is based on written legal codes, a hallmark of the Roman legal system, in which disputes were settled by reference to a written legal code arrived at
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, which prevailed generally on the Continent. It shows, of course, many specific French modifications, some based on the Germanic lawGermanic laws,
customary law codes of the Germans before their contact with the Romans. They are unknown to us except through casual references of ancient authors and inferences from the codes compiled after the tribes had invaded the Roman Empire.
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 that had been in effect in N France. The code follows the Institutes of the Roman Corpus Juris CivilisCorpus Juris Civilis
, most comprehensive code of Roman law and the basic document of all modern civil law. Compiled by order of Byzantine Emperor Justinian I, the first three parts appeared between 529 and 535 and were the work of a commission of 17 jurists presided over by the
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 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).
References in periodicals archive ?
The next codifications based on the Code Napoleon would be the codes and
En Turin, en 1810, GIOVANNI IGNAZIO PANSOYA comenzo a publicar el Texte et complement de la loi ou Code Napoleon [12] y en 1812 VICTOR BRUN (1745-1819) los Elements du Code Napoleon.
This necessary reminder of some of the features of family practices and changes in the law allow us to see that Sand, far from inscribing women in the bourgeois ideal of the domestic sphere as defined in the Code, was returning to a Revolutionary version of the family and attempting to write back over the Code Napoleon.
The Liberator President is highly aware of the wisdom with which the Code Napoleon was drafted.
While few academic readers need to have the Code Napoleon explained to them, or to be told who Alphonse Daudet, le general Boulanger or Jules Grevy were, the names Francesco Crispi and le lieutenant Chapuis (for example) are less widely known.
Nowhere was Napoleon's centralizing hand more clearly evident than in the creation of the uniform Code Napoleon, his most enduring achievement, even in his own eyes, and which, by destroying primogeniture, put the final nail in the coffin of the ancien regime.
In the Wartbergfest of 1817 the nationalist students from Jena celebrated a public festival on the Wartberg opposite the Wartburg near Eisenach, where a large number of books, including the Code Napoleon, deemed to be anti-German were thrown into a fire.
Charles is at once a Christ figure who experiences a secular Gethsemane and a "Cinderella-in-the-masculine doomed to the kitchen status of reality" (37) because of his passive masculinity and because marriage as set up by the Code Napoleon does not allow for variation in male behavior.
The Code Napoleon, a comprehensive legal code that systematized French law, established the revolution's principle of legal equality and abolished France's feudal system.
This directive is based on the Code Napoleon, which means that in law everything is forbidden unless it is specifically permitted.
So even in political terms, I would argue that his heritage is at least mixed, as the Code Napoleon remains the significant basis of the law in all non-British European countries.