The Civil Code
Napoleon in later life considered the Civil Code to be the most significant of his achievements. The Code represented a comprehensive reformation and codification of the French civil laws. Under the ancien regime more than 400 codes of laws were in place in various parts of France, with common law predominating in the north and Roman law in the south. The Revolution overturned many of these laws. In addition, the revolutionary governments had enacted more than 14,000 pieces of legislation. Five attempts were made to codify the new laws of France during the periods of the National Convention and the Directory. Through the efforts of Napoleon the drafting the new Civil Code in an expert commission, in which Jean-Etienne-Marie Portalis took a leading role, took place in the second half of 1801. Napoleon attended in person 36 of the commission’s 87 meetings. Although the draft was completed at the end of 1801, the Code was not published until 21 March 1804. The Civil Code represents a typically Napoleonic mix of liberalism and conservatism, although most of the basic revolutionary gains – equality before the law, freedom of religion and the abolition of feudalism – were consolidated within its laws. Property rights, including the rights of the purchasers of the biens nationaux were made absolute. The Code also reinforced patriarchal power by making the husband the ruler of the household. The Napoleonic Code was to be promulgated, with modifications, throughout the Empire. The Civil Code was followed by a Code of Civil Procedure in 1806, a Commercial Code in 1807, a Criminal Code and Code of Criminal Procedure in 1808 and a Penal Code in 1810. A Rural Code was debated, but never promulgated. The Code Napoleon, renamed the Civil Code, was retained in its majority after the restoration of the Bourbons in 1815. The Civil Code has served as the model for the codes of law of more than twenty nations throughout the world.
PRELIMINARY TITLE. OF THE PUBLICATION, EFFECT, AND APPLICATION OF THE LAWS IN GENERAL
BOOK I. Of Persons.
TITLE I. OF THE ENJOYMENT AND PRIVATION OF CIVIL RIGHTS
- CHAPTER I. Of the enjoyment of civil rights
- CHAPTER II. Of the privation of civil rights
TITLE II. OF ACTS BEFORE THE CIVIL AUTHORITIES
- CHAPTER 1. General ordinance
- CHAPTER II. Of acts of birth
- CHAPTER III. Of acts of marriage
- CHAPTER IV. Of acts of decease
- CHAPTER V. Of acts of tbe civil power regarding the military out of the territory of the republic
- CHAPTER VI. Of the amendments of acts of a civil nature
TITLE III. OF DOMICIL
TITLE IV. OF ABSENT PERSONS
- CHAPTER I. Of presumption of absence
- CHAPTER II. Of the declaration of absence
- CHAPTER III. Of the effects of absence
- Section 1. Of the effects of absence, as respects the property possessed by the absentee at the date of his disappearance
- Section 2. Of the effects of absence with regard to eventual rights which may belong to the absentee
- Section 3. Of the effects of absence, as they relate to marriage
- CHAPTER IV. Of tbe superintendence of minors whose father has disappeared
TITLE V. OF MARRIAGE
- CHAPTER I. Of the qualities and conditions required in order to be able to contract marriage
- CHAPTER II. Of the formalities relative to the celebration of marriage
- CHAPTER III. Of oppositions to marriage
- CHAPTER IV. Of petitions for nullity of marriage
- CHAPTER V. Of the obligations accruing from marriage
- CHAPTER VI. or the respective rights and duties of married persons
- CHAPTER VII. Of the dissolution of marriage
- CHAPTER VIII. Of second marriages
TITLE VI. OF DIVORCE
- CHAPTER I. Of the causes of divorce
- CHAPTER II. Of the divorce for cause determinate
- Section 1. Of the forms of the divorce for cause determinate
- Section 2. Of the provisional measures to which the petition for divorce for cause determinate may give rise
- Section 3. Of exceptions at law against the suit for divorce for cause determinate
- CHAPTER III. Of divorce by mutual consent
- CHAPTER IV. Of the effects of divorce
- CHAPTER V. Of the separation of persons
TITLE VII. OF PATERNITY AND FILIATION
- CHAPTER I. Of the filiation of legitimate children, or those born in marriage
- CHAPTER II. Of the proofs of the filiation of legitimate children
- CHAPTER III. Of natural children
- Section 1. Of the legitimation of natural children
- Section 2. Of the acknowledgment of natural children
TITLE VIII. OF ADOPTION AND FRIENDLY GUARDIANSHIP
- CHAPTER I. Of adoption
- Section 1. Of adoption and its effects
- Section 2. Of the forms of adoption
- CHAPTER II. Of friendly guardianship
TITLE IX. OF PATERNAL POWER
TITLE X. 0F MINORITY, GUARDIANSHIP, AND EMANCIPATION
- CHAPTER I. Of minority
- CHAPTER II. Of guardianship
- Section 1. Of the guardianship of father and mother
- Section 2. Of the guardianship appointed by the father or mother
- Section 3. Of the guardianship of ancestors
- Section 4. Of guardianship appointed by the family council
- Section 5. Of the supplementary guardian
- Section 6. Of the causes which excuse from guardianship
- Section 7. Of incapacity, exclusion, and deprivation of guardianship
- Section 8. Of the guardian’s administration
- Section 9. Of the accounts of the guardianship
- CHAPTER III. Of emancipation
TITLE XI. OF MAJORITY, INTERDICTION, AND THE JUDICIAL ADVISER
- CHAPTER I. Of majority
- CHAPTER II. Of interdiction
- CHAPTER III. Of the judicial adviser
BOOK II. Of Property, and the Different Modifications of Property.
TITLE I. OF THE DISTINCTION OF PROPERTY
- CHAPTER I. Of immoveable property
- CHAPTER II. Of moveables
- CHAPTER III. Of property, with reference to those who are in the possession of it
TITLE II. OF PROPERTY
- CHAPTER I. Of the right of accession over the produce of any thing
- CHAPTER II. Of the right of accession over what is connected and incorporated with any thing
- Section 1. Of the right of accession relatively to things immoveable
- Section 2. Of the right of accession relatively to moveable property
TITLE III. OF USUFRUCT, RIGHT OF COMMON, AND OF HABITATION
- CHAPTER I. Of usufruct
- Section 1. Of the rights of the usufructuary
- Section 2. Of the obligations of the usufructuary
- Section 3. Of the manner in which usufruct is put an end to
- CHAPTER II. Of common and habitation
TITLE IV. OF SERVITUDES OR MANORIAL SERVICES
- CHAPTER I. Of servitudes derived from the situation of places
- CHAPTER II. Of servitudes established by law
- Section 1. Of the party-wall and ditch
- Section 2. Of the distance and intermediary works required for certain buildings
- Section 3. Of views over a neighbor’s property
- Section 4. Of the droppings of house-eaves
- Section 5. Of the right of way
- CHAPTER III. Of servitudes established by the act of man
- Section 1. Of the different species of servitudes which may be established over property
- Section 2. Of the mode of establishing servitudes
- Section 3. Of the rights of the proprietor of the estate to which the servitude is due
- Section 4. Of the manner in which servitudes are extinguished
BOOK III. Of the Different Modes of Acquiring Property.
TITLE I. OF SUCCESSIONS
- CHAPTER I. Of the opening of successions and of the seisin of heirs
- CHAPTER II. Of the qualities requisite to succeed
- CHAPTER III. Of the different orders of succession
- Section 1. General dispositions
- Section 2. Of representation
- Section 3. Of successions devolving upon descendants
- Section 4. Of successions devolving upon ancestors
- Section 5. Of collateral successions
- CHAPTER IV. Of irregular successions
- Section 1. Of the rights of natural children over the property of their father or mother, and of the succession to natural children dead without issue
- Section 2. Of the rights of the surviving conjunct and of the republic
- CHAPTER V. Of the acceptance and repudiation of successions
- Section 1. Of acceptance
- Section 2. Of the renunciation of successions
- Section 3. Of the privilege of inventory, of its effects, and of the obligations of the beneficiary heir
- Section 4. Of vacant successions
- CHAPTER VI. Of division and restitution
- Section 1. Of the action for division and of its form
- Section 2. Of restitutions
- Section 3. Of payment of debts
- Section 4. Of the effects of distribution and of the warranty of the lots
- Section 5. Of annulment of distribution
TITLE II. OF DONATIONS DURING LIFE AND OF WILLS
- CHAPTER I. General regulations
- CHAPTER II. Of the capability of disposing or of receiving by donation during life or by will
- CHAPTER III. Of the disposable portion of goods, and of reduction
- Section 1. Of the disposable portion of goods
- Section 2. Of the reduction of donations and legacies
- CHAPTER IV. Of donations during life
- Section 1. Of the form of donations during life
- Section 2. Of exceptions to the rule on the irrevocability of donations during life
- CHAPTER V. Of testamentary dispositions
- Section 1. Of general rules on the form of wills
- Section 2. Of particular rules touching the form of certain wills
- Section 3. Of appointment of heir, and of legacies in general
- Section 4. Of the general legacy
- Section 5. Of legacy by general title
- Section 6. Of particular legacies
- Section 7. Of testamentary executors
- Section 8. Of the revocation and of the lapse of wills
- CHAPTER VI. Of dispositions permitted in favor of the grand-children of the donor or testator, or of the children of their brothers and sisters
- CHAPTER VII. Of distributions made by the father, mother, or other ancestors, among their descendants
- CHAPTER VIII. Of donations made by the marriage-contract to the parties, and to children to he born of the marriage
- CHAPTER IX. Of dispositions between married persons, either by contract of marriage, or during marriage
TITLE III. OF CONTRACTS OR CONVENTIONAL OBLIGATIONS IN GENERAL
- CHAPTER I. Preliminary regulations
- CHAPTER II. Of conditions essential to the Validity of agreements
- Section 1. Of consent
- Section 2. Of the capacity of the contracting parties
- Section 3. Of the object and matter of contracts
- Section 4. Of the cause
- CHAPTER III. Of the effect of obligations
- Section 1. General regulations
- Section 2. Of the obligation of giving
- Section 3. Of the obligation to do or not to do
- Section 4. Of damages and interest resulting from the non-performance of the obligation
- Section 5. Of the interpretation of agreements
- Section 6. Of the effect of agreements as respects third persons
- CHAPTER IV. Of the different species of obligations
- Section 1. Of conditional obligations
- Section 2. Of obligations for a term
- Section 3. Of alternative obligations
- Section 4. Of obligations joint and several
- Section 5. Of obligations divisible and indivisible
- Section 6. Of obligations with penal clauses
- CHAPTER 5. Of the extinction of obligations
- Section 1. Of payment
- Section 2. Of novation
- Section 3. Of the remission of a debt
- Section 4. Of compensation
- Section 5. Of confusion
- Section 6. Of the loss of the thing due
- Section 7. Of the action for nullity, or for rescission of agreements
- CHAPTER 6. Of the proof of obligations and of that of payment
- Section 1. Of literal proof
- Section 2. Of testimonial proof
- Section 3. Of presumptions
- Section 4. Of the acknowledgment of the party
- Section 5. Of oath
TITLE IV. OF ENGAGEMENTS WHICH ARE FORMED WITHOUT CONTRACT
- CHAPTER I. Of quasi-contracts
- CHAPTER II. Of crimes and quasi-crimes
TITLE V. OF THE CONTRACT OF MARRIAGE AND OF THE RESPECTIVE RIGHTS OF MARRIED PERSONS
- CHAPTER I. General regulations
- CHAPTER II. Of the law respecting community
Part 1. Of legal community
-
- Section 1. Of that which composes community actively and passively
- Section 2. Of the administration of the community, and of the effect of the acts of either of the married parties relating to the conjugal union
- Section 3. Of the dissolution of community and of some of its consequences
- Section 4. Of the acceptance of community, and of the renunciation which may be made thereof, with the conditions relating thereto
- Section 5. Of the distribution of the community after acceptance
- Section 6. Of the renunciation of community and of its effects
Regulation relative to legal community, when one of the married parties or both of them have children of previous marriages
Part 2. Of conventional community, and of agreements which may modify and even exclude legal community
-
- Section 1. Of community confined to property acquired
- Section 2. Of the clause which excludes from the community the moveable property in whole or in part
- Section 3. Of the clause making moveable
- Section 4. Of the article of separation of debts
- Section 5. Of the power granted to the wife of resuming her contribution free and unencumbered
- Section 6. Of conventional reversion (preciput)
- Section 7. Of the articles by which unequal portions in the community are assigned to either of the married parties
- Section 8. Of community by general title
-
- Regulations common to the eight preceding sections
- Section 9. Of agreements excluding community
- CHAPTER III. Of regulation of dowry
- Section 1. Of settlement of dowry
- Section 2. Of the rights of the husband over the property in dowry, and of the inalienable nature of the funds of the dower
- Section 3. Of the restitution of dower
- Section 4. Of paraphernalia Particular regulation
TITLE VI. OF SALES
- CHAPTER I. Of the nature and form of sales
- CHAPTER II. Who may buy or sell
- CHAPTER III. Of things which may be sold
- CHAPTER IV. Of the obligations of the seller
- Section 1. General regulations
- Section 2. Of delivery
- Section 3. Of warranty
- CHAPTER V. Of the obligations of the purchaser
- CHAPTER VI. Of the nullity and rescinding of sales
- Section 1. Of the power of repurchase
- Section 2. Of annulling sales for cause of injury
- CHAPTER VII. Of auctions
- CHAPTER VIII. Of the transfer of credits and other incorporeal rights
TITLE VII. OF BARTER
TITLE VIII. OF THE CONTRACT OF HIRING
- CHAPTER I. General regulations
- CHAPTER II. Of the hiring of things
- Section 1. Of the rules common to leases of houses and rural property
- Section 2. Of particular rules in leases
- Section 3. Of the rules peculiar to farming leases
- CHAPTER III. Of the hiring of labor and industry
- Section 1. Of the hiring of domestics and artificers
- Section 2. Of carriers by land and by water
- Section 3. Of estimates and works by contract
- CHAPTER IV. Of lease in cheptel
- Section 1. General regulations
- Section 2. Of simple cheptel
- Section 3. Of cheptel by moiety
- Section 4. Of cheptel given by the proprietor to his farmer or joint cultivator
- Section 5. Of the contract improperly called cheptel
TITLE IX. OF THE CONTRACT OF PARTNERSHIP
- CHAPTER I. General ordinances
- CHAPTER II. Of the different species of partnerships
- Section 1. Of general partnerships
- Section 2. Of particular partnerships
- CHAPTER III. Of the engagements of partners among themselves, and with regard to third persons
- Section 1. Of the engagements of partners to each other
- Section 2. Of the engagements of partners with respect to third persons
- CHAPTER IV. Of the different modes by which partnership is put an end to Disposition relative to commercial partnerships
TITLE X. OF LOANS
- CHAPTER I. Of loan for use, or gratuitously
- Section 1. Of the nature of loan for use
- Section 2. Of the engagements of the borrower
- Section 3. Of the engagements of the party who lends for use
- CHAPTER II. Of loan for consumption, or simple loan
- Section 1. Of the nature of the loan for consumption
- Section 2. Of the obligations of the lender
- Section 3. Of the engagements of the borrower
- CHAPTER III. Of loan on interest
TITLE XI. OF DEPOSIT AND SEQUESTRATION
- CHAPTER I. Of deposit in general and of its different species
- CHAPTER II. Of deposit properly so called
- Section 1. Of the nature and essence of the contract of deposit
- Section 2. Of voluntary deposit
- Section 3. Of the obligations of the depositary
- Section 4. Of the obligations of the party by whom the deposit was made
- Section 5. Of necessary deposit
- CHAPTER III. Of sequestration
- Section 1. Of the different descriptions of sequestration
- Section 2. Of conventional sequestration
- Section 3. Of judicial sequestration or deposit
TITLE XII. OF ALEATORY CONTRACTS
- CHAPTER I. Of play and betting
- CHAPTER II.
- Section 1. Of the conditions requisite to the validity of the contract
- Section 2. Of the effects of the contract between the contracting parties
TITLE XIII. OF PROCURATION
- CHAPTER I. Of the nature and form of procuration
- CHAPTER II. Of the obligations of the agent
- CHAPTER III. Of the obligations of the principal
- CHAPTER IV. Of the different modes in which procuration is terminated
TITLE XIV. OF SECURITY
- CHAPTER I. Of the nature and extent. of security
- CHAPTER II. Of the effect of security
- Section 1. Of the effect of security between the creditor and the surety
- Section 2. Of the effect of security between debtor and surety
- Section 3. Of the effect of security between co-aurelies
- CHAPTER III. Of the extinction of security
- CHAPTER IV. Of legal and judicial security
TITLE XV. OF THE COMPOUNDING OF ACTIONS
TITLE XVI. OF PERSONAL ARREST IN A CIVIL MATTER
TITLE XVII. OF PLEDGING
- CHAPTER I. Of pawning
- CHAPTER II. Of antichresis
TITLE XVIII. OF PRIVILEGES AND MORTGAGES
- CHAPTER I. General enactments
- CHAPTER II. Of privileges
- Section 1. Of privileges over moveables
- Section 2. Of privileges over immoveables
- Section 3. Of privileges which extend over moveables as well as immoveables
- Section 4. Of the manner in which privileges are preserved
- CHAPTER III. Of mortgages
- Section 1. Of legal mortgages
- Section 2. Of judicial mortgages
- Section 3. Of conventional mortgages
- Section 4. Of the order of mortgages with regard to each other
- CHAPTER IV. Of the mode of enrolment of privileges and mortgages
- CHAPTER V. Of cancelling and reducing enrolments
- CHAPTER VI. Of the effect of privileges and mortgages against third persons in wrongful possession
- CHAPTER VII. Of the extinction of privileges and mortgages
- CHAPTER VIII. Of the mode of clearing property of privileges and mortgages
- CHAPTER IX. Of the mode of exonerating from mortgages, where no enrolment exist, over the property of husbands and guardians
- CHAPTER X. Of the publicity of the registers, and of the responsibility of the keepers
TITLE XIX. OF FORCIBLE EJECTMENT, AND OF THE ORDER AMONG CREDITORS
- CHAPTER I. Of forcible ejectment
- CHAPTER II. Of the order and distribution of the price among the creditors
TITLE XX. OF PRESCRIPTION
- CHAPTER I. General ordinances
- CHAPTER II. Of possession
- CHAPTER III. Of the causes which prevent prescription
- CHAPTER IV. Of the causes which interrupt, or which Suspend the course of prescription
- Section 1. Of the causes which interrupt prescription
- Section 2. Of the causes which suspend the course of prescription
- CHAPTER V. Of the time required in order to prescribe
- Section 1. General ordinances
- Section 2. Of a thirty years’ prescription
- Section 3. Of prescription by ten and twenty years
- Section 4. Of some particular prescriptions
Bibliography
Code Napoleon; or, The French Civil Code. Literally Translated from the Original and Official Edition, Published at Paris, in 1804. By a Barrister of the Inner Temple. Translation attributed to George Spence (cf. Cushing’s Anonyms: A Dictionary of Revealed Authorship and Halkett & Laing’s Dictionary of Anonymous and Pseudonymous English Literature and in the Dictionary of National Biography). London: Published by William Benning, Law Bookseller, 1827. xix, 627 pages.