What is Napoleonic Code?
Published on Nov 18, 2015
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PRESENTATION OUTLINE
What is Napoleonic Code?
The Napoleonic Code,also known as the civil code, was set in place on March 21,1804. It was made in order to preserve the progress made during the French Revolution. Written by scholars and enforced by Napoleon, this was the first official French law which concerned all aspects of the French life. This code was influenced by Justinian's sixth-century codification, but had slight alterations.
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During the 1800s...
In the early 1800's France had a whole complication of laws. It consisted of both old and new laws. There were 400 laws that differentiated depending on where you lived. When Napoleon came in to power in 1799, he felt that France should have a proper legal system. And so, he gathered a team of government officials to form a unified law. Thus, the Napoleonic law was created in 1801.
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Contents of Napoleonic Law
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Marriage
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Owe each other loyalty, help and assistance
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The husband owes protection to his wife and the wife owes obedience to her husband
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The wife is entitled to make a will without the authorization of her husband
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The wife is obliged to live with her husband and the husband is obliged to furnish her with every necessity for the wants of life
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Divorce
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The husband may divorce if his wife commits adultery
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The wife may divorce her husband if he commits adultery
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The custody of the children shall rest with the husband, or the defendant in the suit for divorce
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Legal Community
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The husband manages the property of the community, he may sell it, oppose or pledge it without the consent of his wife
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The husband has the right to all of the personal property of his wife.
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Reflection of culture
In the civil code it promoted equality. After the French Revolution, Napoleon had this idea of creating a code that allowed everyone in French society to be equal.
However, this equality was not all fair. Man had prominient dominance over everyone. Women, illegitiment children and people of other races did not have the rights to equality.
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Connection to Contemporary Law
The civil code does have an affect on comtemporary law because it's main focus was to make all citizens equal. Just like today, one of the main virtues of law is equality. Even today, in the Charter of Rights and Freedoms it is clearly shown that everyone should have the same rights as others.
Key Terms & Concepts
Equality: The state of being equal
Napoleon Bonaparte: French military and political leader
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Bibliography:
1."BRIA 15 2 a The Code Napoleon - Constitutional Rights Foundation." BRIA 15 2 a The Code Napoleon - Constitutional Rights Foundation. N.p., n.d. Web. 24 Sept. 2014. .
2. "The Civil Code: an Overview." The Civil Code: an Overview. N.p., n.d. Web. 24 Sept. 2014. 3. "Civil Code." The Canadian Encyclopedia. N.p., n.d. Web. 24 Sept. 2014. .
2. "The Civil Code: an Overview." The Civil Code: an Overview. N.p., n.d. Web. 24 Sept. 2014.
