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Chapter 54 The Civil Code of a Typical Bourgeois Society
Chapter 53 The Civil Code of a Typical Bourgeois Society: The Napoleonic Code

In his later years, when Napoleon looked back on his "powerful" life, he said such an intriguing sentence: "My real light
Rong did not fight 40 big victories, and the Battle of Waterloo erased all memories of this.But there's one thing that won't be forgotten
, which will live forever—that is my Civil Code. "

France's founding "Civil Code" was born

Napoleon (1769~1821), that is, Napoleon Bonaparte.French statesman and military strategist. Launched the Brumaire Coup in 1799, organized

Into the ruling government, as the first ruling. In 1804, he proclaimed himself emperor and established the First French Empire.The French Civil Code was promulgated in the same year. 18
In 07 and 1852, in order to commemorate Napoleon's contribution to this code, France named it "Napoleon Code" successively.

.

In fact, the code known in France as the Napoleonic Code, in addition to this Civil Code, also has the Code of Civil Procedure

(1806), Commercial Code (1807), Criminal Procedure Code (1808) and Penal Code (1810).

Before the French Revolution, French laws were not unified throughout the country, and there were complex situations in which different laws were used in different regions.in law

In the southern part of the country, Roman law reigned supreme.The northern provinces, including the Paris area, prevailed under the feudal Frankish and German
The rule of law is based on customary law.As for marriage and family life, it is completely under the control of the Catholic Church and governed by canon law.this
Also, from the 16th century onwards, more and more issues were dealt with on the basis of royal decrees, decrees and case law developed by the Court of Justice

.Everywhere has its own set of conventions.Although some work was done in the sixteenth and seventeenth centuries to collect and codify customary law from
work, because vested interests hindered the codification work, so in the unification of the national code
On the one hand, little effect has been achieved, and legal reforms would infringe on the privileges of vested interest groups.After the French Revolution, between domains and guilds

The powerful controlling groups of the human race were eradicated, the secular power of the church was curbed, and the provinces became groups of the new nation-states.
part, which makes it possible to formulate a uniform national code.Furthermore, the Great Revolution of 1799 was an earth-shaking revolution,
Overthrew the feudal autocratic system and established a bourgeois republic.

It is impossible for such a major political and economic change not to be reflected in the law. In order to consolidate the victory of the bourgeois revolution, unless
It is also a practical need to formulate a unified new code to achieve the unification of laws and facilitate the development of capitalism.

. It is against this background that the French Civil Code was formulated.

The drafting and formulation of the "French Civil Code" began after the establishment of the consul system in 1799.

On March 1804, 3, the French Civil Code began with
The law is passed.

"French Civil Code" Modern Law

The "French Civil Code" includes general principles and 36 chapters in three volumes, with a total of 2281 articles.The general principles are: the promulgation, effectiveness and application of laws.No.
Editor: Human law, including the enjoyment of civil rights, protection of personality, domicile, guardianship, upbringing, parent-child relationship, marriage
The relationship between married spouses, the stipulations on the subject of civil rights such as the declaration of a marriage invalid or the dissolution of a marriage due to divorce.

Part Two: Rem Law, which deals with property and ownership.

Including property classification, ownership, usufruct, usufruct, etc., running through the principle of unlimited private property.Part Three: Acquisition

The various methods of property, i.e. inheritance, gift, property and debt relations conferred on the wife at marriage, and the various contracts,

Statutory and agreed mortgages, statute of limitations and statutory time limits for rights acquisition.Establishment of traditional Roman law
Divided into contracts, quasi-contracts, wrongful acts and quasi-non-representative acts.This civil code is concise and logical
Rigorous and complete system.The entire code, the basic principles it implements, can be summarized as follows:

The principles of liberty and equality are explained in two provisions of the Code.Article 8 states: "All Frenchmen have civil rights
profit. "Civil rights refer to non-political rights, including rights concerning individuals, relatives and property. This is

It means that every Frenchman, without exception, has equal civil rights.Article 488 stipulates: "A person who reaches the age of 21 is an adult;

After reaching this age, except for the exceptions stipulated by marriage, they have the ability to perform all acts of civil life. "It means that every
Individuals enjoy equal capacity for civil conduct from the date of adulthood.Everyone enjoys equal civil rights and capacity for civil conduct

power, so that all are free and equal in civil law.Of course, this principle is not found in all provisions of the Code

To reflect, such as the principle that the husband (father) is the head of the family, the husband has the duty to protect his wife, and the wife has the duty to obey her husband
service etc.

Provided in Article 1134 of the Code, on the principle of freedom of contract or autonomy of contract: "A contract established by law shall, at the conclusion of the contract
There is a legal effect between the parties. "That is to say, the contract between the parties is equal to the law for the parties.

, unless the contract violates public order and good customs under Article 6 of the Code.Contract means two or more
expressed in agreement.The agreement of the will of two or more individuals endowed by the Civil Code is equal to the force of the law, so that they can act on their own

The behavior of the law creates mutual rights and obligations, thus changing its original legal status.Therefore, contractual autonomy, also known as the parties' consent
autonomy of thought.Once the contract is legally established, the parties must implement it according to the regulations, and it cannot be modified or abolished unless they agree jointly.

The person and property of the parties to the contract are guaranteed to perform the contract.The principle of freedom of contract to the automatic operation of capitalist society and
Development is of great significance.The entire "French Civil Code" has more than 1000 provisions on contract obligations, which can be used to assist
certificate.

The principle of inviolability of private property can be reflected in three aspects.The first is the definition of ownership, as stipulated in Article 3 of the Civil Code

: "Ownership is the right to use, benefit from and dispose of things absolutely without restriction. The second is to give movable and immovable property owners
With sufficiently broad rights and guarantees, Article 545 of the Civil Code states: "No one shall be compelled to alienate his

This is not the case when it is for public use and is subject to just and prior compensation. "That is to say, even if the state expropriates private property, it can only
On the grounds of the public good, and just and prior compensation to all these preconditions.Third, whether it is movable property or immovable property

The owner of any property is entitled to everything that arises from that property and that is attached to it.Article 546 of the Civil Code states

: "Ownership of a thing, whether movable or immovable, may be extended to the property of the thing produced or attached to it, whether natural or artificial.

thing.Such rights are called attachment rights. "With these three clear regulations, private property, whether it is means of production or production tools
All tools can be used, profited and sold freely, which is very beneficial to the rapid development of the capitalist economy.

The compilation of the French Civil Code and four other French codes named after Napoleon successfully synthesized Roman law and
Customary law, canon law and revolutionary ideas, legislation enacted by the monarchy and the influence of Napoleon's personal ideas transformed French law

laws and modernize them.It played a watershed role in the history of French law, it marked the end of an era and a new era.

Yuan's beginning. France before 1789 is called ancient law, and the law after that is called modern law.

Complete system Zebei Europe and America

The code of law cited by Napoleon has an extremely far-reaching historical effect.It is the earliest capitalist civil law enacted

Canon, in the history of the first clearly put forward some basic principles of bourgeois civil law, which is very important for the consolidation of the French bourgeois revolution

The results of the victory played a positive role in promoting the development of French capitalism.At that time, Napoleon's power expanded outward and
Wherever it extends, this "Code of Napoleon" will be implemented wherever it is, ruthlessly destroying the feudal system in the form of law.

It has had a great influence on the civil legislation of many capitalist countries and colonial and semi-colonial countries.Therefore, Engels
The "Napoleonic Code" made the following evaluation: it is "a code of typical bourgeois society" and "until now it includes

The model upon which all other countries, including the United Kingdom, reformed their property laws. "At the same time, since this Code

Legislative technology is rigorous, concise and clear, so for a long time, "became the codification of all parts of the world

The code to be used as the basis for the new code."

The "French Civil Code" had a great influence on the formulation and development of the civil codes of many countries in Western Europe and Latin America. 18
At the beginning of 04, this civil code was spread to some countries and regions outside France that were controlled by France.Now, Belgium, Luxembourg

The Code is still in use in Fort and Monaco.In the 19th century, many European countries and Latin American countries automatically adopted the Code,

Some simply copy it, and some use it as a model to formulate their own civil codes in light of their own country's conditions. In 1900, Germany began

The implementation of the "German Civil Code" is formulated with reference to the Code. In the 19th century, all French-speaking states in Switzerland took the French Civil Code as their
Model
In 1912, after the implementation of the unified "Swiss Civil Code", the self-made civil codes of these states were abolished
The Danish Civil Code of 1838 was based on the French Civil Code. The Italian Civil Code of 1865 in the system
And in principle, based on this code. The Greek Civil Code of 1946 also took this code as a model.In Latin America, the sea
The French Civil Code is still in force today in the United States and the Dominican Republic.The civil codes of Bolivia and Chile, modeled on the codification of the Code

row, borrowing many of its contents. The "Chilean Civil Code" was copied to Ecuador and Colombia, Paraguay and Argentina.

The civil law in force in the Canadian province of Quebec is based partly on this code and partly on the common law of Paris.american road

Louisiana has adopted this code since 1825 and it is still in use today.

(End of this chapter)