6/1(Sun) Code Napoleon

by Andrew Oh

#CodeNapoleon



Code Napoléon — also known as the Napoleonic Code — is the French Civil Code enacted in 1804 under Napoleon Bonaparte.


It was one of the first modern legal codes and remains one of the most influential legal documents in history.




Basic Facts


• Official name: Code civil des Français (Civil Code of the French)

• Common name: Code Napoléon (after Napoleon, who initiated it)

• Year enacted: 1804

• Language: French

• Territorial application: Originally France, later spread across Europe and beyond



Historical Background


Before the Code, France had no unified system of law.


Different regions used different laws (customary law in the north, Roman law in the south). The French Revolution (1789) promoted equality and demanded codified laws.


Napoleon wanted to create a single, clear, and accessible civil law for the entire nation.




Core Principles


1. Equality before the law

•No more legal privileges for nobility or clergy

2. Secular law

•Separation of church and civil legal matters

3. Freedom of contract

•Individuals could enter contracts without government interference

4. Protection of private property

•Strong emphasis on property rights

5. Patriarchal family structure

Fathers had authority over wives and children




Structure of the Code (1804 version)


1. Book I: Of Persons

Civil rights, family law, marriage, divorce

2. Book II: Of Property

Ownership, possession, classification of property

3. Book III:

Of the Different Modes of Acquiring Property

Contracts, inheritance, gifts, succession




Global Influence


The Code Napoléon served as a model for legal systems around the world:


Europe: Italy, Belgium, Netherlands, Germany (parts)

Latin America: Almost all countries adopted codes based on it

Middle East and Africa: Former French colonies adopted or adapted it

Japan & Korea: Indirect influence via the German Civil Code (which was influenced by the Napoleonic Code)




Criticisms


• Gender inequality: Women had limited rights, especially in family law

Rigid family hierarchy: Favored paternal control

Weak labor protection: Workers had few legal rights



Legacy Today


• The French Civil Code still exists today, although it has been revised many times.

• The Napoleonic Code laid the groundwork for modern civil law systems (as opposed to common law).

• Its emphasis on clarity, organization, and codification influenced legal thought globally.



If you’d like, I can also provide:

• A comparison with English common law

• Details about specific articles from the Code

• A timeline of changes to the Code since 1804


Let me know how deep you’d like to go!

keyword
매거진의 이전글6/1(Sun) Satyagraha