Napoleonic Code in the context of Civil litigation


Napoleonic Code in the context of Civil litigation

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⭐ Core Definition: Napoleonic Code

The Napoleonic Code (French: Code Napoléon), officially the Civil Code of the French (French: Code civil des Français; simply referred to as Code civil), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since its inception. Although Napoleon himself was not directly involved in the drafting of the Code, as it was drafted by a commission of four eminent jurists, he chaired many of the commission's plenary sessions, and his support was crucial to its enactment.

The code, with its stress on clearly written and accessible law, was a major milestone in the abolition of the previous patchwork of feudal laws. Historian Robert Holtman regards it as one of the few documents that have influenced the whole world.

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Napoleonic Code in the context of Civil law (legal system)

Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries.

The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognizing prior court decisions as legally binding precedent.

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Napoleonic Code in the context of Code of law

A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in different common law and civil law systems, their usage is different.

In a civil law country, a code of law typically exhaustively covers the complete system of law, such as civil law or criminal law.

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Napoleonic Code in the context of Civil law (common law)

Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is contract law and law of property (excluding property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the theoretical foundations and applications of the common law. When used in the context of a common law legal system, the term civil law means that branch of the law not including criminal law.

The common law system, which originated in medieval England, is often contrasted with the civil law legal system originating in France and Italy. Whereas the civil law takes the form of legal codes such as the Napoleonic Code, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent.

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Napoleonic Code in the context of Adversarial system

The adversarial system (also adversary system, accusatorial system, or accusatory system) is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic Code) where a judge investigates the case.

The adversarial system is the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense.

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Napoleonic Code in the context of Canadian legal system

The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous law systems developed by the various Indigenous Nations.

The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The Constitution Act, 1867 (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the Constitution Act, 1982 ended all legislative ties to Britain, as well as adding a constitutional amending formula and the Canadian Charter of Rights and Freedoms. The Charter guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstanding clause allows Parliament and the provincial legislatures to override certain sections of the Charter for a period of five years.

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Napoleonic Code in the context of Jus soli

Jus soli (English: /ʌs ˈsl/ juss SOH-ly or /js ˈsli/ yooss SOH-lee, Latin: [juːs ˈsɔliː]), meaning 'right of soil', is the right of anyone born in the territory of a state to nationality or citizenship. Jus soli was part of the English common law, in contrast to jus sanguinis ('right of blood') associated with the French Civil Code of 1804.

Jus soli is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful wars of independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century.

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Napoleonic Code in the context of Roman-Dutch law

Roman-Dutch law (Dutch: Rooms-Hollands recht, Afrikaans: Romeins-Hollandse reg) is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it is a variety of the European continental civil law or ius commune. While Roman-Dutch law was superseded by Napoleonic codal law in the Netherlands proper as early as the beginning of the 19th century, the legal practices and principles of the Roman-Dutch system are still applied actively and passively by the courts in countries that were part of the Dutch colonial empire, or countries which are influenced by former Dutch colonies: Guyana, South Africa (and its neighbours Botswana, Lesotho, Namibia, Eswatini (formerly Swaziland), and Zimbabwe), Sri Lanka, Indonesia, Suriname, and the formerly Indonesian-occupied East Timor. It also heavily influenced Scots law. It also had some minor impact on the laws of the American state of New York, especially in introducing the office of Prosecutor (schout-fiscaal).

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Napoleonic Code in the context of Swiss Civil Code

The Swiss Civil Code (SR/RS 210, German: Schweizerisches Zivilgesetzbuch (ZGB); French: Code civil suisse (CC); Italian: Codice civile svizzero (CC); Romansh: Cudesch civil svizzer) is a portion of the second part (SR/RS 2) of the internal Swiss law ("Private law - Administration of civil justice - Enforcement") that regulates the codified law ruling in Switzerland and relationship between individuals. It was first adopted in 1907 (effective since 1 January 1912).

It was largely influenced by the German civil code, and partly influenced by the French civil code, but the majority of comparative law scholars (such as K. Zweigert and Rodolfo Sacco) argue that the Swiss code derives from a distinct paradigm of civil law.

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Napoleonic Code in the context of Burgerlijk Wetboek

The Burgerlijk Wetboek (or BW) is the Civil Code of the Netherlands. Early versions were largely based on the Napoleonic Code. The Dutch Civil Code was substantively reformed in 1992. The Code deals with the rights of natural persons (Book 1), legal persons (Book 2), patrimony (Book 3) and succession (Book 4). It also sets out the law of property (e.g., ownership, possession, and security interests) (Book 5), obligations (Book 6) and contracts (Book 7), and conflict of laws (Book 10). Proposed amendments will add a Book on intellectual property.

The codification of laws is still being used in Indonesia as a pinnacle of the private laws besides Sharia law and custom laws. The laws initially applied only to Dutch settlers and foreign traders, such as Chinese traders, Indian traders and Arab traders during the Dutch colonial era in Dutch East Indies, but after the independence of Indonesia in 1945, the government decided to retain the old Dutch law, expanded in use to indigenous people and Muslims voluntarily. The 1992 reformed version does not apply in Indonesia.

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Napoleonic Code in the context of Atlantic Revolutions

The Age of Revolution is a period from the late-18th to the mid-19th centuries during which a number of significant revolutionary movements occurred in most of Europe and the Americas. The period is noted for the change from absolutist monarchies to representative governments with a written constitution, and the creation of nation states.

Influenced by the new ideas of the Enlightenment, the American Revolution (1765–1783) is usually considered the starting point of the Age of Revolution. Later revolution would be the French Revolution of 1789, the revolution that rapidly spread to the rest of Europe through its wars. In 1799, Napoleon took power in France and continued the French Revolutionary Wars by conquering most of continental Europe. Although Napoleon imposed on his conquests several modern concepts such as equality before the law, or a civil code, his rigorous military occupation triggered national rebellions, notably in Spain and Germany. After Napoleon's defeat, European great powers forged the Holy Alliance at the Congress of Vienna in 1814–15, in an attempt to prevent future revolutions, and also restored the previous monarchies. Nevertheless, Spain was considerably weakened by the Napoleonic Wars and could not control its American colonies, almost all of which proclaimed their independence between 1810 and 1820. Revolution then spread back to southern Europe in 1820, with uprisings in Portugal, Spain, Italy, and Greece. Continental Europe was shaken by two similar revolutionary waves in 1830 and 1848, also called the Spring of Nations. The democratic demands of the revolutionaries often merged with independence or national unification movements, such as in Italy, Germany, Poland, Hungary, etc. The violent repression of the Spring of Nations marked the end of the era.

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