The French Civil Code

Proper drafts of a civil code were put to assembly after assembly under the Revolution, but in ten years none was ever adopted. This book charts the formation of the French Civil Code, examining both the public and private effects.

Author: Jean-Louis Halpérin

Publisher: Routledge

ISBN: 1844721310

Category: Law

Page: 122

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This book charts the formation of the French Civil Code, examining both its public and private effects. From the sixteenth to the eighteenth century, French private law was very different in the various parts of the country. In northern and central France, there were as many as sixty-five general customs in force, as well as over three hundred local customs, often differing from them in detail. As the feeling of nationhood grew, so did the idea of replacing the existing variety of laws by a single private law, possibly a code, common to all of France. 'A single body of law, called the Code Civil is to be created' proclaimed the Law of 21 March 1804, which was created by the amalgamation of thirty-six texts. The French Civil Code analyzes the Code using contemporary and modern sources, including the beautiful and concise extract from H.A.L. Fisher's History of Europe which gives an English historian's appraisal of Napoleon's contribution to the Code Civil. This text will appeal to all students of and those with an interest in international law.

The French Civil Code

University of Texas at Austin Studies in Foreign and Transnational Law General Editors: Professor Sir Basil Markesinis and Dr Jörg Fedtke Other titles in this series include: Judicial Recourse to Foreign Law: A New Source of Inspiration ...

Author: Jean-Louis Halperin

Publisher: Taylor & Francis

ISBN: 9781000082845

Category: Law

Page: 128

View: 573

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This book charts the formation of the French Civil Code, examining both its public and private effects. From the sixteenth to the eighteenth century, French private law was very different in the various parts of the country. In northern and central France, there were as many as sixty-five general customs in force, as well as over three hundred local customs, often differing from them in detail. As the feeling of nationhood grew, so did the idea of replacing the existing variety of laws by a single private law, possibly a code, common to all of France. 'A single body of law, called the Code Civil is to be created' proclaimed the Law of 21 March 1804, which was created by the amalgamation of thirty-six texts. The French Civil Code analyzes the Code using contemporary and modern sources, including the beautiful and concise extract from H.A.L. Fisher's History of Europe which gives an English historian's appraisal of Napoleon's contribution to the Code Civil. This text will appeal to all students of and those with an interest in international law.

The Code Napoleon Or The French Civil Code

Lawbook. Exchange,. Ltd. CODE NAPOLEON; OR, THE FRENCH CIVIL CODE. LITERALLY TRANSLATED FROM. 33 Terminal Avenue Clark, New Jersey 07066-1321 Please see our website for a selection of our other publications and fine facsimile reprints ...

Author: France

Publisher: The Lawbook Exchange, Ltd.

ISBN: 9781584773757

Category: History

Page: 627

View: 524

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[Spence, George, Translator]. The 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. London: Printed for Charles Hunter, Law Bookseller, 1824. xix, 627 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 2003052754. ISBN 1-58477-375-8. Cloth. $120. * Reprint of the second English edition. A comprehensive reformation and codification of the French civil laws, the Code Napoleon was renamed the Civil Code after the Bourbon restoration, and is still in force. It has served as the model for the legal codes of more than twenty nations throughout the world. The French Revolution overturned many of the hundreds of codes of law that had prevailed from ancient times, and added more than 14,000 pieces of legislation. After the National Convention and Directory failed in five attempts to organize this unwieldy mass, Napoleon appointed a commission to draft the new Civil Code. It was enacted in March 21, 1804, after a three year period of 87 sessions. It embodies a typically Napoleonic mix of liberalism and conservatism. Most of the freedoms won by the revolution, such as equality before the law, freedom of religion and the abolition of feudalism were preserved. At the same time, the Code reinforced patriarchal power by making the husband the ruler of the household. According to the Dictionary of National Biography, this work was translated by George Spence [1787-1850], an English jurist and Barrister of the Inner Temple. Dictionary of National Biography XVIII:743.

Code Napoleon Or The French Civil Code

FRENCH CIVIL CODE . PRELIMINARY TITLE . OF THE PUBLICATION , EFFECT , AND APPLICATION OF THE LAWS IN GENERAL . Decreed 6th of March , 1803. Promulgated 15th of the same Month ARTICLE 1 . The laws are executory throughout the whole ...

Author: France

Publisher:

ISBN: UCSD:31822022008007

Category: Civil law

Page: 656

View: 235

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Reforming the French Law of Obligations

If enacted, it would lead to the most far-reaching reform of the French Civil Code since it came into force in 1804, and would fundamentally alter many central aspects of contract law, the law of delict and the law of unjustified ...

Author: John Cartwright

Publisher: Bloomsbury Publishing

ISBN: 9781847315021

Category: Law

Page: 950

View: 250

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The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.

Introduction to French Law

THE GENERAL STRUCTURE OF THE FRENCH SYSTEM OF TORT LIABILITY As designed by the drafters of the Civil Code of 1804, the structure of French tort law entailed a basic principle of universal scope, viz. personal liability for personal ...

Author: George A. Bermann

Publisher: Kluwer Law International B.V.

ISBN: 9789041124661

Category: Law

Page: 527

View: 231

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French law displays many characteristics that set it apart in a world class of its own. It can be said to proceed from a number of independent streams that coexist despite apparent contradiction. More than half of the 2283 articles of the famous Code Civile of 1804 remain unaltered; yet French administrative judges jealously guard their prerogative to create their own public law. And yet again, since the 1974 law empowering the legislature to convene the Constitutional Council that judges the constitutionality of laws under the 1958 Constitution, the courts' distinction between 'rules' and 'fu.

French Law

LAW. OF. CONTRACT. On lie les boeufs parles cornes et les hommes parles paroles, et autant vaut une simple promesse ou convenance que les stipulations du droit romain. Loysel. THE PLACE OF THE CONTRACT IN THE FRENCH CIVIL CODE The ...

Author: Eva Steiner

Publisher: Oxford University Press

ISBN: 9780192508317

Category: Law

Page: 352

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The second edition of French Law: A Comparative Approach provides an authoritative, comprehensive, and up to date account of the French legal system and its internal workings. It sets out the institutional frameworks, substantive law, and methodologies that underpin the system, and provides expert insight into the civil law way of thinking and an explanation of how law is made and enforced in France. It offers detailed case studies of how French law is shaped in practice in key areas, including commentary on landmark cases that have shaped modern French law. Illuminating and insightful comparisons to other legal jurisdictions are made throughout, helping readers appreciate the distinguishing features and unique nature of the French legal landscape.

The New French Law of Contract

The same is true of the law regulating certain types of commercial transactions, which resides in the Commercial Code. (a) The Civil Code The Civil Code provides the overall framework of the law of contract and contains the general ...

Author: Solène Rowan

Publisher: Oxford University Press

ISBN: 9780192538970

Category: Law

Page: 337

View: 953

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After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.

French Civil Liability in Comparative Perspective

In 2016 the provisions of the French Civil Code dealing with the law of contract, the general regime of obligations, and proof of obligations, were reformed by ordonnance (a special form of governmental legislation).

Author: Jean-Sébastien Borghetti

Publisher: Bloomsbury Publishing

ISBN: 9781509927289

Category: Law

Page: 544

View: 795

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The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.