Napoleon 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.
The text of Civil Code is HERE
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