Napoleon in his 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 ancient
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 French
Revolution overturned many of these laws.
In addition, the revolutionary governments
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 of 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
March 21, 1804. The Civil Code represents
a typically Napoleonic mix of liberalism and
conservatism, although most of the basic
revolutionary gains (i.e. 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 Napoleonic Code was to be promulgated,
with modifications, throughout the Empire.
The Civil Code has served as the model
for the codes of law of more than twenty
nations throughout the world.
This course will provide a systematic study
of the French Civil Code. The course will
start with a historical overview of the
Code, and then focus on the legal concepts
developed by the Code:
- Preliminary Title: The publication, effect,
and application of the laws in general.
- Book 1: Persons.
- Book 2: Property and the different
modifications of property.
- Book 3: Different modes of acquiring
property.
- Book 4: Personal and Real Guarantees.
Language of Instruction: English (legal terms,
however, are also given in Arabic and French).