The Civil Code

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.

PRELIMINARY TITLE. OF THE PUBLICATION, EFFECT, AND APPLICATION OF THE LAWS IN GENERAL

BOOK I. Of Persons.

TITLE I. OF THE ENJOYMENT AND PRIVATION OF CIVIL RIGHTS



CHAPTER I. Of the enjoyment of civil rights

CHAPTER II. Of the privation of civil rights

Section 1. Of the privation of civil rights by the loss of the quality of Frenchman

Section 2. Of the privation of civil rights in consequence of judicial proceedings

TITLE II. OF ACTS BEFORE THE CIVIL AUTHORITIES



CHAPTER 1. General ordinance

CHAPTER II. Of acts of birth

CHAPTER III. Of acts of marriage

CHAPTER IV. Of acts of decease

CHAPTER V. Of acts of tbe civil power regarding the military out of the territory of the republic

CHAPTER VI. Of the amendments of acts of a civil nature

TITLE III. OF DOMICIL

TITLE IV. OF ABSENT PERSONS



CHAPTER I. Of presumption of absence

CHAPTER II. Of the declaration of absence

CHAPTER III. Of the effects of absence

Section 1. Of the effects of absence, as respects the property possessed by the absentee at the date of his disappearance

Section 2. Of the effects of absence with regard to eventual rights which may belong to the absentee

Section 3. Of the effects of absence, as they relate to marriage

CHAPTER IV. Of tbe superintendence of minors whose father has disappeared

TITLE V. OF MARRIAGE



TITLE VI. OF DIVORCE



TITLE VII. OF PATERNITY AND FILIATION



CHAPTER I. Of the filiation of legitimate children, or those born in marriage

CHAPTER II. Of the proofs of the filiation of legitimate children

CHAPTER III. Of natural children

Section 1. Of the legitimation of natural children

Section 2. Of the acknowledgment of natural children

TITLE VIII. OF ADOPTION AND FRIENDLY GUARDIANSHIP



TITLE IX. OF PATERNAL POWER

TITLE X. 0F MINORITY, GUARDIANSHIP, AND EMANCIPATION



TITLE XI. OF MAJORITY, INTERDICTION, AND THE JUDICIAL ADVISER



BOOK II. Of Property, and the Different Modifications of Property.

TITLE I. OF THE DISTINCTION OF PROPERTY



CHAPTER I. Of immoveable property

CHAPTER II. Of moveables

CHAPTER III. Of property, with reference to those who are in the possession of it

TITLE II. OF PROPERTY



CHAPTER I. Of the right of accession over the produce of any thing

CHAPTER II. Of the right of accession over what is connected and incorporated with any thing

Section 1. Of the right of accession relatively to things immoveable

Section 2. Of the right of accession relatively to moveable property

TITLE III. OF USUFRUCT, RIGHT OF COMMON, AND OF HABITATION



CHAPTER I. Of usufruct

Section 1. Of the rights of the usufructuary

Section 2. Of the obligations of the usufructuary

Section 3. Of the manner in which usufruct is put an end to

CHAPTER II. Of common and habitation

TITLE IV. OF SERVITUDES OR MANORIAL SERVICES



BOOK III. Of the Different Modes of Acquiring Property.

GENERAL DISPOSITIONS

TITLE I. OF SUCCESSIONS



TITLE II. OF DONATIONS DURING LIFE AND OF WILLS



TITLE III. OF CONTRACTS OR CONVENTIONAL OBLIGATIONS IN GENERAL



TITLE IV. OF ENGAGEMENTS WHICH ARE FORMED WITHOUT CONTRACT



TITLE V. OF THE CONTRACT OF MARRIAGE AND OF THE RESPECTIVE RIGHTS OF MARRIED PERSONS



CHAPTER I. General regulations

CHAPTER II. Of the law respecting community

Part 1. Of legal community



Section 1. Of that which composes community actively and passively

1. Of the active part of community

2. Of the passive part of community, and of actions which result therefrom against the community

Section 2. Of the administration of the community, and of the effect of the acts of either of the married parties relating to the conjugal union

Section 3. Of the dissolution of community and of some of its consequences

Section 4. Of the acceptance of community, and of the renunciation which may be made thereof, with the conditions relating thereto

Section 5. Of the distribution of the community after acceptance

1. Of the partition of the active

2. Of the passive in the community, and of contribution to debts

Section 6. Of the renunciation of community and of its effects

Regulation relative to legal community, when one of the married parties or both of them have children of previous marriages

Part 2. Of conventional community, and of agreements which may modify and even exclude legal community



TITLE VI. OF SALES



TITLE VII. OF BARTER

TITLE VIII. OF THE CONTRACT OF HIRING



TITLE IX. OF THE CONTRACT OF PARTNERSHIP



TITLE X. OF LOANS



TITLE XI. OF DEPOSIT AND SEQUESTRATION



TITLE XII. OF ALEATORY CONTRACTS



CHAPTER I. Of play and betting

CHAPTER II.

Section 1. Of the conditions requisite to the validity of the contract

Section 2. Of the effects of the contract between the contracting parties

TITLE XIII. OF PROCURATION



CHAPTER I. Of the nature and form of procuration

CHAPTER II. Of the obligations of the agent

CHAPTER III. Of the obligations of the principal

CHAPTER IV. Of the different modes in which procuration is terminated

TITLE XIV. OF SECURITY



TITLE XV. OF THE COMPOUNDING OF ACTIONS

TITLE XVI. OF PERSONAL ARREST IN A CIVIL MATTER

TITLE XVII. OF PLEDGING



TITLE XVIII. OF PRIVILEGES AND MORTGAGES



TITLE XIX. OF FORCIBLE EJECTMENT, AND OF THE ORDER AMONG CREDITORS



CHAPTER I. Of forcible ejectment

CHAPTER II. Of the order and distribution of the price among the creditors

TITLE XX. OF PRESCRIPTION



Bibliography