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).
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References in periodicals archive ?
Although Roman civil law is much older than the common law, "traceable and codified under Justinian in the sixth century A.D." (Merryman and Perez-Perdomo [1969] 2007, 6), its modern reincarnation originates in the Napoleonic Code, (11) adopted in 1804 in reaction to the murderous Directory that followed the French Revolution, which exercised its authority ruthlessly with the assistance of the invention often attributed erroneously to Dr.
Cleverly supported with paintings, focus questions, sidebars, and splendid maps, the text looks beyond the moment to enduring attitudes toward democracy and human rights that influenced Joan of Arc, the Arab Spring, the Napoleonic code, Hiroshima and Nagasaki, and the downfall of tyranny in Libya.
The post-Roman, that is to say Renaissance, version of the phrase, popularized through the Napoleonic Code, is "public enemy." In the old Socialist countries, the term was further edited to read "enemy of the people." Islamic law has its own version: "Corrupter on earth" (mufsid fil-ardh), a phrase that steers clear of ethnic, national and/or religious specifications in designating someone whose deeds, or misdeeds, harm the whole of mankind.
The notion of law as intimately linked to the nation-state emerged only in the latter part of the last millennium, with the consolidation of modern nation-states, the rise of constitutionalism, and the codification movements that started with the Napoleonic Code. Previously, law was understood in a broader sense, as the basis of rights and obligations according to a preestablished just order.
The horrendous belief that a king would be pauper if he had daughters triggered norms like the Napoleonic code that advocated beating women with the belief that the more you beat a donkey, a walnut tree and the wife, the better they are.
Whether its sharia in Muslim countries or the Napoleonic Code throughout Europe and parts of Latin America, what you give to your heirs is tightly prescribed,'' Mr.
The country has also taken on many of the characteristics of the Napoleonic code of law common to Francophone countries and adopted French as an official language alongside Spanish in 1997 in an effort to boost trade with the wider region.
Topics addressed by this collection of essays include the motivations of sugar planters in Cuba or of Indiano bureaucrats in Spain to join or not to join Napoleon's side (Dominique Goncalves and Victor Peralta Ruiz); the reporting of Latin American events in the French press (Felipe Angulo Jaramillo); the fear of French emissaries in Central America (Timothy Hawkins); the political activism and cultural influence of French expatriates after Napoleon's fall (Christophe Beleaubre, Rafe Blaufarb, Lilia Moritz Schwartz, and Roderick Barman); the intrusion of the militaries, following Napoleon's model, in the political field (Monica Ricketts); and the impact of the Napoleonic Code (John Savage).
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.