Civil Code, adopted in France in 1804 and was called the Code Napoleon, is one of the most important legal acts in the history of mankind.This is due not only to the name of the legendary emperor, who himself took an active part in the creation of this document, but also to the enormous impact he had on all European civil law.
After the events of the French Revolution, the whole legal framework in the country has taken a rather obscure form: here intertwined revolutionary new standards with the already outlived its age old royal laws.At the same time the vast majority of the population was very important to legally secure the basic gains of the revolution and prevent a return to the old order.That is the problem, and was intended to solve the Napoleonic Code.
The intention of this document at the future emperor matured for a long time.He knew that it is through the legislative process major civil rights in France he will be able to stabilize the situation within society, to give impetus to its further development.For the preparation of the project was to set up a special commission, which is actively involved in taking himself First Consul Napoleon Bonaparte.The main sources in the preparation of the provisions of the Code become Roman private law and the Declaration of the Rights of Man and of the Citizen.In March 1804 the Civil Code was adopted and entered into force.
Napoleonic Code of 1804 includes three main parts.The first part is devoted to such institutions as marriage, custody, divorce, adoption.The most important principles in this section are the equality of citizens before the law and the inviolability of property rights.
That ownership issues were a stumbling block between the old owners and the new owners.Code Napoleon once and for all solve this problem, pointing to the inadmissibility of forcible redistribution of land and other property exemption facilities.
Ownership continues to deal in the second part.It specifically states that the disposal of their property should not cause harm to others and, at the same time, no one can be forced to, to abandon their property.The state thus should assume the role of arbiter in disputes between citizens of property.
In the third part of his Napoleonic Code refers to the contractual relationship arising from ownership.First, this section provides a classification of transactions, among which stand out the contract of inheritance, sale and donation.Second, determine the conditions occurrence of contractual relations, the most important of which can be considered voluntary and legal equality of the parties.
Civil Code in 1804 became the first set of laws in France, one for the whole country.Subsequently, it was extended to all the French colonies, and then had been adopted in most European and American countries.
At the same time it should be noted that the Civil Code, one of the famous Emperor's legislative activity is not limited.No less famous and gained Napoleon's Penal Code, adopted in 1810, provides a legal basis for the prosecution of perpetrators.
