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 ?
Stanley, like some poster-boy for estate planning, then says, "Blanche, under the Napoleonic code, a man has got to take an interest in his wife's affairs--and I mean, especially now that she's going to have a baby.
Ten years later, in 1999, Boris completed his one-volume treatise on the Commerce Clause--the treatise modestly called (at the instance of the publisher, not the author) Bittker on the Regulation of Interstate and Foreign Commerce, a title adroitly conveying the writer's proprietary interest in the subject matter and placing the work on a very select reserve shelf of legal tomes alongside such older works as the Napoleonic Code and Newton's Laws.
All of this emphasizes the importance of the Napoleonic Code in setting back women's causes and strengthening the sexual double standard, challenging those who would see developments during the French Revolution as the judicial realization of a slow degradation of women's status over the course of the eighteenth century.
It's ironic that having demonstrated the virtues of the capitalistic system, American policy makers are now trying to recreate the governance regime of the Napoleonic Code that our ancestors fled.
In the original Napoleonic Code, a man could ask to be divorced from his wife if she committed adultery, but the adultery of the husband was not a sufficient motive unless he had kept his concubine in the family home.
The Napoleonic code followed by several European countries became an obstacle in the way of equality of rights between women and men until the middle of the twentieth century.
He sought to rebuild France, encouraging the reinvigoration of the luxury goods industry so vital to the French economy, organizing schools, and unifying the legal codes of France under the Code Civile, now known as the Napoleonic Code.
This case could stand for the narrow proposition that a health agency that deliberately ignores its own rules and regulations requiring it to warn certain members of the public of a particular danger would be liable for injuries even if the agency did not directly cause the injury Some might even see the case as unique to Louisiana, whose law is founded on the French Napoleonic Code instead of English common law.
Nineteenth-century France witnessed both a rising preoccupation with women's education and work and the implementation of a severe Code civil under the Napoleonic Code, which essentially reduced married women's status to that of slavery.
In France, the Napoleonic Code imposed rigid legal subordination on women in the family and in the state.
Father-of-two Bernard Schnakenbourg had to cross the English Channel to have the snip because it is illegal in France under a 19th century Napoleonic code which forbids acts of "self-mutilation".
Also, Louisiana is the only state whose laws are based on the Napoleonic Code which developed under French rule as opposed to Common Law as in every other state.