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The napoleonic codification - Coggle Diagram
The napoleonic codification
Context and goals
Result: compromise between Teutonism (North) and latin inheritance (south)
Unified old french private law (costumary vs written law regions)
Goal: simple, democratic, accessible law ( Philosophe's dream)
Response to chaos of aold laws and customs
Drafting Process
Code finished in 4 months ( accumulated materials)
Discussed in 100+ meetings (Napoleon often presided, exterded influence )
Commissioners: tronchet, portalis, bigot de preameneu, malleville ( mix of bench/bar, written/ customary law experts)
Napoleon appointed new commission (1800)
Initial Draft (cambaceres 1793) failed (too revolutionary/ brief)
Core Principles and Influence
Model for many countries( Latin races) including Louisiana( 1808) Italy, Spain
Code became exclusive source of law for judjes Legislative positivism
Civil equality, secure bulwarks to property, religion tolleration
Fundamental liberal principles: liberty and property ( guaranteed market society)
Masterpiece liberal legislative art, documet of national importance
Law and gender code civil
Marita authority required preponderant voice to husband( nature/pre-eminence of sex)
Why lacked legal capacity (needed as buns authorization for acts. Art. 131 Italian code)
Married women subject to spouses power/authority(cura maritalis)
Family law: enclave non-egalitarian law (discriminatory)
Applied principle of equality rights for unmarried women
Other Napoleonic codes
Code of criminal procedure ( instruction criminelle 1808)
Code of commerce 1807
Code of Civil Procedure 1806
Penal code 1810- mantained revolution princples, increased penalties