The Civil Code

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The Civil Code
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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

CHAPTER I. Of the qualities and conditions required in order to be able to contract marriage
CHAPTER II. Of the formalities relative to the celebration of marriage
CHAPTER III. Of oppositions to marriage
CHAPTER IV. Of petitions for nullity of marriage
CHAPTER V. Of the obligations accruing from marriage
CHAPTER VI. or the respective rights and duties of married persons
CHAPTER VII. Of the dissolution of marriage
CHAPTER VIII. Of second marriages

TITLE VI. OF DIVORCE

CHAPTER I. Of the causes of divorce
CHAPTER II. Of the divorce for cause determinate
    Section 1. Of the forms of the divorce for cause determinate
    Section 2. Of the provisional measures to which the petition for divorce for cause determinate may give rise
    Section 3. Of exceptions at law against the suit for divorce for cause determinate
CHAPTER III. Of divorce by mutual consent
CHAPTER IV. Of the effects of divorce
CHAPTER V. Of the separation of persons

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

CHAPTER I. Of adoption
    Section 1. Of adoption and its effects
    Section 2. Of the forms of adoption
CHAPTER II. Of friendly guardianship

TITLE IX. OF PATERNAL POWER

TITLE X. 0F MINORITY, GUARDIANSHIP, AND EMANCIPATION

CHAPTER I. Of minority
CHAPTER II. Of guardianship
    Section 1. Of the guardianship of father and mother
    Section 2. Of the guardianship appointed by the father or mother
    Section 3. Of the guardianship of ancestors
    Section 4. Of guardianship appointed by the family council
    Section 5. Of the supplementary guardian
    Section 6. Of the causes which excuse from guardianship
    Section 7. Of incapacity, exclusion, and deprivation of guardianship
    Section 8. Of the guardian's administration
    Section 9. Of the accounts of the guardianship
CHAPTER III. Of emancipation

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

CHAPTER I. Of majority
CHAPTER II. Of interdiction
CHAPTER III. Of 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

CHAPTER I. Of servitudes derived from the situation of places
CHAPTER II. Of servitudes established by law
    Section 1. Of the party-wall and ditch
    Section 2. Of the distance and intermediary works required for certain buildings
    Section 3. Of views over a neighbor's property
    Section 4. Of the droppings of house-eaves
    Section 5. Of the right of way
CHAPTER III. Of servitudes established by the act of man
    Section 1. Of the different species of servitudes which may be established over property
    Section 2. Of the mode of establishing servitudes
    Section 3. Of the rights of the proprietor of the estate to which the servitude is due
    Section 4. Of the manner in which servitudes are extinguished

 

BOOK III. Of the Different Modes of Acquiring Property.

GENERAL DISPOSITIONS

TITLE I . OF SUCCESSIONS

CHAPTER I. Of the opening of successions and of the seisin of heirs
CHAPTER II. Of the qualities requisite to succeed
CHAPTER III. Of the different orders of succession
    Section 1. General dispositions
    Section 2. Of representation
    Section 3. Of successions devolving upon descendants
    Section 4. Of successions devolving upon ancestors
    Section 5. Of collateral successions
CHAPTER IV. Of irregular successions
    Section 1. Of the rights of natural children over the property of their father or mother, and of the succession to natural children dead without issue
    Section 2. Of the rights of the surviving conjunct and of the republic
CHAPTER V. Of the acceptance and repudiation of successions
    Section 1. Of acceptance
    Section 2. Of the renunciation of successions
    Section 3. Of the privilege of inventory, of its effects, and of the obligations of the beneficiary heir
    Section 4. Of vacant successions
CHAPTER VI. Of division and restitution
    Section 1. Of the action for division and of its form
    Section 2. Of restitutions
    Section 3. Of payment of debts
    Section 4. Of the effects of distribution and of the warranty of the lots
    Section 5. Of annulment of distribution

TITLE II . OF DONATIONS DURING LIFE AND OF WILLS

CHAPTER I. General regulations
CHAPTER II. Of the capability of disposing or of receiving by donation during life or by will
CHAPTER III. Of the disposable portion of goods, and of reduction
    Section 1. Of the disposable portion of goods
    Section 2. Of the reduction of donations and legacies
CHAPTER IV. Of donations during life
    Section 1. Of the form of donations during life
    Section 2. Of exceptions to the rule on the irrevocability of donations during life
CHAPTER V. Of testamentary dispositions
    Section 1. Of general rules on the form of wills
    Section 2. Of particular rules touching the form of certain wills
    Section 3. Of appointment of heir, and of legacies in general
    Section 4. Of the general legacy
    Section 5. Of legacy by general title
    Section 6. Of particular legacies
    Section 7. Of testamentary executors
    Section 8. Of the revocation and of the lapse of wills
CHAPTER VI. Of dispositions permitted in favor of the grand-children of the donor or testator, or of the children of their brothers and sisters
CHAPTER VII. Of distributions made by the father, mother, or other ancestors, among their descendants
CHAPTER VIII. Of donations made by the marriage-contract to the parties, and to children to he born of the marriage
CHAPTER IX. Of dispositions between married persons, either by contract of marriage, or during marriage

TITLE III . OF CONTRACTS OR CONVENTIONAL OBLIGATIONS IN GENERAL

CHAPTER I. Preliminary regulations
CHAPTER II. Of conditions essential to the Validity of agreements
    Section 1. Of consent
    Section 2. Of the capacity of the contracting parties
    Section 3. Of the object and matter of contracts
    Section 4. Of the cause
CHAPTER III. Of the effect of obligations
    Section 1. General regulations
    Section 2. Of the obligation of giving
    Section 3. Of the obligation to do or not to do
    Section 4. Of damages and interest resulting from the non-performance of the obligation
    Section 5. Of the interpretation of agreements
    Section 6. Of the effect of agreements as respects third persons
CHAPTER IV. Of the different species of obligations
    Section 1. Of conditional obligations
        1. Of conditions generally, and of their different kinds
        2. Of the suspensive condition
        3. Of the condition dissolutory
    Section 2. Of obligations for a term
    Section 3. Of alternative obligations
    Section 4. Of obligations joint and several
        1. Of creditors jointly and severally interested
        2. Of debtors jointly and severally interested
    Section 5. Of obligations divisible and indivisible
        1. Of the effects of the divisible obligation
        2. Of the effects of an indivisible obligation
    Section 6. Of obligations with penal clauses
CHAPTER 5. Of the extinction of obligations
    Section 1. Of payment
        1. Of payment in general
        2. Of payment with substitution
        3. Of the application of payments
        4. Of tenders of payment, and of deposit
        5. Of the cession of property
    Section 2. Of novation
    Section 3. Of the remission of a debt
    Section 4. Of compensation
    Section 5. Of confusion
    Section 6. Of the loss of the thing due
    Section 7. Of the action for nullity, or for rescission of agreements
CHAPTER 6. Of the proof of obligations and of that of payment
    Section 1. Of literal proof
        1. Of an authentic document
        2. Of an act under private signature
        3. Of tallies
        4. Of copies of documents
        5. Of acts of recognition and confirmation
    Section 2. Of testimonial proof
    Section 3. Of presumptions
        1. Of presumptions established by law
        2. Of presumptions which are not established by law
    Section 4. Of the acknowledgment of the party
    Section 5. Of oath
        1. Of the oath decisory
        2. Of the oath officially administered

TITLE IV . OF ENGAGEMENTS WHICH ARE FORMED WITHOUT CONTRACT

CHAPTER I. Of quasi-contracts
CHAPTER II. Of crimes and quasi-crimes

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

    Section 1. Of community confined to property acquired
    Section 2. Of the clause which excludes from the community the moveable property in whole or in part
    Section 3. Of the clause making moveable
    Section 4. Of the article of separation of debts
    Section 5. Of the power granted to the wife of resuming her contribution free and unencumbered
    Section 6. Of conventional reversion (preciput)
    Section 7. Of the articles by which unequal portions in the community are assigned to either of the married parties
    Section 8. Of community by general title
Regulations common to the eight preceding sections
    Section 9. Of agreements excluding community
        1. Of the clause implying that the parties marry without community
        2. Of the clause of separation of property
CHAPTER III. Of regulation of dowry
    Section 1. Of settlement of dowry
    Section 2. Of the rights of the husband over the property in dowry, and of the inalienable nature of the funds of the dower
    Section 3. Of the restitution of dower
    Section 4. Of paraphernalia Particular regulation

TITLE VI . OF SALES

CHAPTER I. Of the nature and form of sales
CHAPTER II. Who may buy or sell
CHAPTER III. Of things which may be sold
CHAPTER IV. Of the obligations of the seller
    Section 1. General regulations
    Section 2. Of delivery
    Section 3. Of warranty
        1. Of warranty in case of eviction
        2. Of warranty against defects in the thing sold
CHAPTER V. Of the obligations of the purchaser
CHAPTER VI. Of the nullity and rescinding of sales
    Section 1. Of the power of repurchase
    Section 2. Of annulling sales for cause of injury
CHAPTER VII. Of auctions
CHAPTER VIII. Of the transfer of credits and other incorporeal rights

TITLE VII . OF BARTER

TITLE VIII . OF THE CONTRACT OF HIRING

CHAPTER I. General regulations
CHAPTER II. Of the hiring of things
    Section 1. Of the rules common to leases of houses and rural property
    Section 2. Of particular rules in leases
    Section 3. Of the rules peculiar to farming leases
CHAPTER III. Of the hiring of labor and industry
    Section 1. Of the hiring of domestics and artificers
    Section 2. Of carriers by land and by water
    Section 3. Of estimates and works by contract
CHAPTER IV. Of lease in cheptel
    Section 1. General regulations
    Section 2. Of simple cheptel
    Section 3. Of cheptel by moiety
    Section 4. Of cheptel given by the proprietor to his farmer or joint cultivator
        1. Of cheptel given to the farmer
        2. Of cheptel given to the joint cultivator
    Section 5. Of the contract improperly called cheptel

TITLE IX . OF THE CONTRACT OF PARTNERSHIP

CHAPTER I. General ordinances
CHAPTER II. Of the different species of partnerships
    Section 1. Of general partnerships
    Section 2. Of particular partnerships
CHAPTER III. Of the engagements of partners among themselves, and with regard to third persons
    Section 1. Of the engagements of partners to each other
    Section 2. Of the engagements of partners with respect to third persons
CHAPTER IV. Of the different modes by which partnership is put an end to Disposition relative to commercial partnerships

TITLE X . OF LOANS

CHAPTER I. Of loan for use, or gratuitously
    Section 1. Of the nature of loan for use
    Section 2. Of the engagements of the borrower
    Section 3. Of the engagements of the party who lends for use
CHAPTER II. Of loan for consumption, or simple loan
    Section 1. Of the nature of the loan for consumption
    Section 2. Of the obligations of the lender
    Section 3. Of the engagements of the borrower
CHAPTER III. Of loan on interest

TITLE XI . OF DEPOSIT AND SEQUESTRATION

CHAPTER I. Of deposit in general and of its different species
CHAPTER II. Of deposit properly so called
    Section 1. Of the nature and essence of the contract of deposit
    Section 2. Of voluntary deposit
    Section 3. Of the obligations of the depositary
    Section 4. Of the obligations of the party by whom the deposit was made
    Section 5. Of necessary deposit
CHAPTER III. Of sequestration
    Section 1. Of the different descriptions of sequestration
    Section 2. Of conventional sequestration
    Section 3. Of judicial sequestration or deposit

TITLE XII . OF ALBATORY CONTRACTS

CHAPTER I. Of play and betting
CHAPTER II. Of the contract for life annuities>
    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

CHAPTER I. Of the nature and extent. of security
CHAPTER II. Of the effect of security
    Section 1. Of the effect of security between the creditor and the surety
    Section 2. Of the effect of security between debtor and surety
    Section 3. Of the effect of security between co-aurelies
CHAPTER III. Of the extinction of security
CHAPTER IV. Of legal and judicial security

TITLE XV . OF THE COMPOUNDING OF ACTIONS

TITLE XVI . OF PERSONAL ARREST IN A CIVIL MATTER

TITLE XVII . OF PLEDGING

CHAPTER I. Of pawning
CHAPTER II. Of antichresis

TITLE XVIII . OF PRIVILEGES AND MORTGAGES

CHAPTER I. General enactments
CHAPTER II. Of privileges
    Section 1. Of privileges over moveables
        1. Of general privileges over moveables
        2. Of privileges over certain moveables
    Section 2. Of privileges over immoveables
    Section 3. Of privileges which extend over moveables as well as immoveables
    Section 4. Of the manner in which privileges are preserved
CHAPTER III. Of mortgages
    Section 1. Of legal mortgages
    Section 2. Of judicial mortgages
    Section 3. Of conventional mortgages
    Section 4. Of the order of mortgages with regard to each other
CHAPTER IV. Of the mode of enrolment of privileges and mortgages
CHAPTER V. Of cancelling and reducing enrolments
CHAPTER VI. Of the effect of privileges and mortgages against third persons in wrongful possession
CHAPTER VII. Of the extinction of privileges and mortgages
CHAPTER VIII. Of the mode of clearing property of privileges and mortgages
CHAPTER IX. Of the mode of exonerating from mortgages, where no enrolment exist, over the property of husbands and guardians
CHAPTER X. Of the publicity of the registers, and of the responsibility of the keepers

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

CHAPTER I. General ordinances
CHAPTER II. Of possession
CHAPTER III. Of the causes which prevent prescription
CHAPTER IV. Of the causes which interrupt, or which Suspend the course of prescription
    Section 1. Of the causes which interrupt prescription
    Section 2. Of the causes which suspend the course of prescription
CHAPTER V. Of the time required in order to prescribe
    Section 1. General ordinances
    Section 2. Of a thirty years' prescription
    Section 3. Of prescription by ten and twenty years
    Section 4. Of some particular prescriptions


 

Bibliography


Code Napoleon; or, The French Civil Code. Literally Translated from the Original and Official Edition, Published at Paris, in 1804. By a Barrister of the Inner Temple. Translation attributed to George Spence (cf. Cushing's Anonyms: A Dictionary of Revealed Authorship and Halkett & Laing's Dictionary of Anonymous and Pseudonymous English Literature and in the Dictionary of National Biography). London: Published by William Benning, Law Bookseller, 1827. xix, 627 pages.


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