French Civil Code: Introduction and Principles

Introduction of the French Civil Code

• The French Civil Code, introduced in 1804 and enforced in 1806, is the first true code of the modern age.
• It marked a turning point in redefining civil relations, grounded in the concept of guarantism.
• The code emphasizes the protection of property rights and freedom of will, promoting economic freedom (laissez-faire).
• It relies on natural law, trusting in the sovereign's adherence to unchanging principles.
• Law (Loi) is considered the sole expression of the general will and national identity (nationalism).
• The code consolidated legislative power within the bourgeois state through the separation of powers.
• It broke from tradition by introducing a top-down law creation process, rejecting bottom-up customary law.
• It shifted from extraterritoriality of law to national law, advocating for state-specific codes.
• The code blends Roman Law, customary law, and principles of liberty and equality.
• It emerged from the French Revolution, Napoleon's rise, new intellectual movements like natural law, and the restructuring of previous laws (old Ordonnances).
• A class of practical jurists linked to the king and a prestigious legal scholarship movement aided its development.

Evolution of French Law in the Ancien Régime

• Pre-revolution, France was divided into two legal zones: north and south.
• The 10 year revolutionary period was liberal.
• There was an intermediate law betweem the first National Assembly meeting and Napoleon's seizure of power.
• The revolution abolished the Ancien Régime legal system.
• Separation of powers was established.
• It was founded on enlightened principles of individual rights and equality.
• The state was responsible for removing constraints from ecclesiastical, feudal, and local legal systems.
• Civil registers for births, marriages, and deaths were created.
• Inheritance was divided into equal parts to dissolve large estates.
• Parental authority was limited to before the age of majority.
• Civil marriage was established as a contract, allowing for divorces.
• Three project proposals by Cambacerès for the French Civil Code.
• The final draft was created by a commission appointed by Napoleon, representing both legal zones of France.
• It was the first real code, accompanied by a Commercial Code in 1807.
• It excluded commercial matters.
• The style was simple, elegant, and literary aimed at being accessible to non-jurists.
• It formulates broad rules between general principles and specific rules, refined by special laws or administrative actions.
• It mirrors bourgeois values.
• The code is divided into three books and an introduction.
• Article 4 states judges must resolve disputes using the code.
• Article 5 prohibits judges from creating general rules or deciding based on precedents, reinforcing the separation of powers.
• Article 8 grants civil rights to all French citizens.
• Book 2 covers property and property rights, emphasizing the right to use and dispose of assets.
• Book 3 details various methods of acquiring property.
• Freedom of contract was established, making agreements between parties legally binding.
• The Civil Code remains in use today following adaptations.
• These adaptations include adding new legal i.e. commercial, family, employment law.
• This also included adjusting civil liability.
• The Italian Code of 1865 is based on this code.

French Legal System Continued

• The French court system has two types of courts: Judicial (Ordinary) Courts for civil matters and Administrative Courts for public law disputes.
• The Constitutional Council has constitutional review power prior to the passing of laws, but since 2008 it can also review laws after they are passed.

Important Courts in the Judicial (Ordinary) Courts:

• There are three levels of courts, ranked from first to last instance: major and minor systems based on economic value of the dispute, Court of Appeal, and Court of Cassation.
• Commercial courts exist at the first-instance level, consisting of judges, experts, and representatives from both employees and employers.