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 ?
Thus, far from being only the vehicle of liberal ideas, the Napoleonic Code in its Atlantic expansion was also an instrument of imperial designs.
This second chapter also explores the particular societal conditions that created this demi-monde, and compellingly links its rise to larger changes in society brought about by the Revolution, the Napoleonic code, and the newly powerful bourgeoisie's emphasis on respectability.
3) Called "Exceptions of No Cause of Action" and "No Right of Action" in the Napoleonic Code of La.
The final chapter provides a nuanced analysis of debates involved in the successful post-World War I campaign to revoke the article in the Napoleonic Code that stripped French women of their citizenship when they married foreigners.
In particular, the uncertain status of laws of marriage and inheritance as Das Heilige Romische Reich ended and the Napoleonic Code, or some form of codification, loomed on the horizon, almost certainly played a role in Goethe's conception of the novel--given that his own relationship with Christiane Vulpius and the subsequent status of their son August hovered in the twilit "state of exception" possible under the old regime where the prince's word could create such states, but bound to run up against difficulties under the rule of black-letter law.
Of course, Napoleon learned a lot from the revolution: the Napoleonic Code was established under Napoleon I in 1804, which did not allow privileges based on birth, ensured social welfare of the people, allowed freedom of religion and stood for giving government jobs on merit.
The abolition of guilds and the Napoleonic Code left artisans' widows with fewer protections and rights as they entered an increasingly atomistic economy in which men, but not women, had gained citizenship rights.
We got here in the state of Louisiana what's known as the Napoleonic code.
When the Napoleonic Code of 1810 ordered mandatory medical inspections to give registered prostitutes a red card as a kind of work permit and a white card if they were infected, prostitutes would swap their white cards for red to continue working.
Flag might represent the merger of German Idealism with the Napoleonic Code that led to the unification of Germany in the nineteenth century, and more generally laid the foundation for modern states across Europe.
You also have one state, Louisiana, which litigates according to the Napoleonic code, which has its roots in France, and 49 other states that judge eases based on common law, which has its roots in England.
Although it is true that French law is based on the Napoleonic Code, the French and the Irish criminal justice systems are based on the same three principles; the presumption of innocence; the right to confront one's accuser and the need to prove guilt beyond a reasonable doubt.