El Code Civil law French, known as Code Napoleonic o Code of Napoleon, is one of the most well-known civil codes in the world. It was approved by the Act of March 21, 1804 and is still in force, although with numerous and important reforms. Its preparation was entrusted to a commission created to collect the tradition French legal system, giving as result la promulgation of the Code Civil law the French On March 21, 1804, during the gobierno of Napoleon Bonaparte.
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The four editors come from very different places; two are from countries right written (Portalis and Maleville), and the other two are from countries right customary (Bigot de Préameneu and Tronchet). His intentions are most clearly expressed in the famous preliminary speeches given by Portalis when presenting the first draft (Project of the VIIIth century) In 1801.
El Code It takes up numerous provisions of the Code Justinien, influenced by Pothier, also took up numerous provisions of the Coutume of Paris, in particular for easements. His plan, which was adopted without discussion, is close to that of the Institutes, but it is an arrangement classic in teaching and from the publication of the great synthesis of the law civil from Domat .
The plan of the Institutes It consists of three parts:
- People,
- things,
- the actions.
The plan of Code Civil law It was originally split into four books:
- People,
- Goods and various modifications to the property,
- Of the different ways in which the your property.
- Un book de proceedings (later withdrawn when it was ruled by a bar code).
Background
Al assume The First consulate, Napoleon proposed to consolidate into a single legal text the cluster of the tradition French legal system, thus ending the legal structure of the Old Regime, eliminating particular regulations that affected only very specific groups of the population. población (special laws for the aristocracy, laws for peasants, laws for guilds, etc.), and suppressing local laws that were an obstacle to administration public, formulating a series of legal rules applicable in a general manner to the entire society; it was also intended to eliminate the contradictions and overlaps arising from the coexistence of various legal regimes, supporting the stability political. Thus, the new bar code formalized with laws the abolition of the regime feudal, making in fact imposible his resurrection.
This new structure was supported by two axes. The first, the traditional one right Franco-North Germanic, with Germanic influences from both the German principalities and the Netherlands. Secondly, the tradition Romanist based on the Corpus Iuris Civilis, although modified by medieval commentators in southern France.
La commission in charge of writing the Code It was composed by Tronchet, president of the Cutting de Cassation: Malleville, judge of the same court; Jean Portalis, tall official administrative; and Bigot de Préameneu, former member of the Parliament of Paris. commission was under the steer axle truck of Cambacérès, and the Plazo four months later he submitted a draft that was sent to the Cutting Already superior Cutting de Cassation to present their observations.
It was finally reviewed by the Council de State, chaired by Napoleon, before being sent to parliament for approval. Although Bonaparte rd just a soldier without knowledge of laws, his powerful and impressive personality helped overcome the formal obstacles presented by the Cuts and obstruction of the apparatus bureaucratic, forcing its rapid approval and entry into force validityIt is also claimed that Napoleon himself attended more than half of the meetings of coding, for your record and evaluation. However, the principal participación of Napoleon in the Code was reduced to a few but transcendental aspects (such as the community property or separate property. and adoption), where his personal interests came first and foremost. He is also credited with responsibility directly in the article 415, which stated: “Any coalition of workers formed for the purpose of increasing their wages will be punished with a fine. month de cárcel at the very least and the instigators will suffer prison from two to five years.”
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