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The Napoleon Series > Government > Governments and Politics

French Civil Code

BOOK III. Of The Different Modes Of Acquiring Property.



Decreed the 7th of March, 1804. Promulgated the 17th of the same Month.

  1. Barter is a contract by which the parties mutually give one thing for another.
  2. Barter is effected by consent only, in the same manner as a sale.
  3. If one of the exchanging parties have already received the thing given him in barter, and if it afterwards prove that the other contractor is not the proprietor of such thing, he cannot be compelled to deliver that which he has promised to deliver, but only to restore that which he has received.
  4. The exchanging party who is evicted from the thing which he has received in exchange, has the election to compromise for damages or to recover his property.
  5. Annulment for cause of injury does not take place in the contract of barter.
  6. All the other rules prescribed for the contract of sale apply also to barter.


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.



Placed on the Napoleon Series 6/00