| |
The Civil CodeNapoleon 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 II. Of the privation of civil rights Section 1. Of the privation of civil rights by the loss of the quality of Frenchman Section 2. Of the privation of civil rights in consequence of judicial proceedings TITLE II. OF ACTS BEFORE THE CIVIL AUTHORITIES
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 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 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 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 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
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 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 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 II. Of moveables CHAPTER III. Of property, with reference to those who are in the possession of it TITLE II. OF PROPERTY
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
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 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 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 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 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 1. Of conditions generally, and of their different kinds 2. Of the suspensive condition 3. Of the condition dissolutory Section 2. Of obligations for a term Section 3. Of alternative obligations Section 4. Of obligations joint and several 1. Of creditors jointly and severally interested 2. Of debtors jointly and severally interested Section 5. Of obligations divisible and indivisible 1. Of the effects of the divisible obligation 2. Of the effects of an indivisible obligation Section 6. Of obligations with penal clauses CHAPTER 5. Of the extinction of obligations Section 1. Of payment 1. Of payment in general 2. Of payment with substitution 3. Of the application of payments 4. Of tenders of payment, and of deposit 5. Of the cession of property 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 1. Of an authentic document 2. Of an act under private signature 3. Of tallies 4. Of copies of documents 5. Of acts of recognition and confirmation Section 2. Of testimonial proof Section 3. Of presumptions 1. Of presumptions established by law 2. Of presumptions which are not established by law Section 4. Of the acknowledgment of the party Section 5. Of oath 1. Of the oath decisory 2. Of the oath officially administered TITLE IV. OF ENGAGEMENTS WHICH ARE FORMED WITHOUT CONTRACT
CHAPTER II. Of crimes and quasi-crimes TITLE V. OF THE CONTRACT OF MARRIAGE AND OF THE RESPECTIVE RIGHTS OF MARRIED PERSONS
CHAPTER II. Of the law respecting community Part 1. Of legal community
1. Of the active part of community 2. Of the passive part of community, and of actions which result therefrom against the community 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 1. Of the partition of the active 2. Of the passive in the community, and of contribution to debts 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 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 1. Of the clause implying that the parties marry without community 2. Of the clause of separation of property 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 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 1. Of warranty in case of eviction 2. Of warranty against defects in the thing sold 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 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 1. Of cheptel given to the farmer 2. Of cheptel given to the joint cultivator Section 5. Of the contract improperly called cheptel TITLE IX. OF THE CONTRACT OF PARTNERSHIP
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
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 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 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 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 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 II. Of antichresis TITLE XVIII. OF PRIVILEGES AND MORTGAGES
CHAPTER II. Of privileges Section 1. Of privileges over moveables 1. Of general privileges over moveables 2. Of privileges over certain 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 II. Of the order and distribution of the price among the creditors TITLE XX. OF PRESCRIPTION
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
BibliographyCode 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.
|
|
|
|
|
© Copyright 1995-2008, The Napoleon Series, All Rights Reserved. |
|