The Civil Code, adopted in France in 1804 and called the Code of Napoleon, is one of the most important legal acts in the history of mankind. This is connected not only with the name of the legendary emperor, who himself took an active part in the creation of this document, but also with the enormous influence that he had on all European civil legislation.
After the events of the French Revolution, the entire legal framework in this country took on a rather confused look: new revolutionary norms intertwined here with the old royal laws that had already outlived their lives. Moreover, for the vast majority of the population, it was very important to legally consolidate the main gains of the revolution and prevent a return to the old order. It was precisely this task that the Code of Napoleon was called upon to solve.
The idea of this document was ripening for the future emperor for a long time. He understood very well that it was through legislative registration of the basic civil rights of the population of France that he would be able to stabilize the situation within society and give impetus to its further development. A special commission was created to prepare the project, in which the First Consul Napoleon Bonaparte took an active part. The main sources in the preparation of this code were the provisions of Roman private law and the Declaration of Human and Civil Rights. In March 1804, the Civil Code was adopted and entered into force.
The 1804 Code of Napoleon includes three main parts. The first part is devoted to such institutions as marriage, guardianship, divorce, adoption. The most important principles of this section are the equality of citizens before the law and the inviolability of property rights.
It was property issues that served as a stumbling block between the former owners and the new owners. The Code of Napoleon once and for all resolved this problem, pointing out the inadmissibility of the forced redistribution of land and the seizure of other property objects.
Ownership continues to be dealt with in the second part. It is specifically stated here that disposing of one’s property should not harm others and, at the same time, no person should be forced to abandon his property. In this case, the state should assume the role of arbiter in property disputes between citizens.
In its third part, the Napoleonic Code refers to contractual relations arising from property rights. Firstly, in this section the classification of transactions is carried out, among which the inheritance, purchase and sale and gift agreements are especially distinguished. Secondly, the conditions for the onset of contractual relations are determined, the most important of which is the voluntariness and legal equality of the parties.
The Civil Code of 1804 was the first code of law in France, uniform for the whole country. Subsequently, it was extended to all French colonies, and then was adopted by most European and American states.
At the same time, it should be noted that the legislative activity of the famous emperor was not limited to one Civil Code. Equally famous was the Napoleonic Penal Code, adopted in 1810 and created the legal basis for the criminal prosecution of criminals.