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Transcript of Napoleonic Code
Main Features Of The Legal System
Four important articles that serve as introduction
A guide of how the laws within it should be followed
Laws to be carried out throughout French territory
Laws give order for future only; no retrospective operation
Laws of police bind all people of the territory
Private agreement must not contradict laws even if they are of good moral & public order
Examples Of Law
- Allowed post-revolutionary France it's first reasoned set of laws concerning colonial affairs, property, family and individual rights
- Codified various sections of law, which included commercial and criminal law, and divided civil law into branches of property and family
- The code also made authority of men over their families, which deprived women of any individual rights
Examples Of Law
- Married persons owe to each other fidelity succor and assistance (212. Chapter VI: Of the Respective Rights and Duties of Married Persons)
- The provisional management of the children shall rest with the husband, petitioner, or defendant, in the suit for divorce, unless it is otherwise ordered for the greater advantage of the children, on petition of either the mother, or the family, or the government commissioner. (267. Section II: Of the Provisional Measures to Which the Petition for Cause Determinate May Give Rise)
Document Of Napoleonic Code
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"Napoleonic Code." Wikipedia. Wikimedia Foundation, 04 Sept. 2013. Web. 08 Sept. 2013. <http://en.wikipedia.org/wiki/Napoleonic_code>.
"French Civil Code: Preliminary Title." French Civil Code: Preliminary Title. N.p., n.d. Web. 09 Sept. 2013. <http://www.napoleon-series.org/research/government/code/book1/c_preliminary.html>.
"The Napoleonic Code." Modern European History Wiki. N.p., n.d. Web. 09 Sept. 2013. <https://moderneurope.wikispaces.com/The Napoleonic Code>.
‘Napoleonic Code approved in France” History. A&E Television Networks. 09, Sept. 2013
Civil Code’ Justice. 09, Sept. 2013
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“Code Napoleon” InfoPlease. 09, Sept. 2013
French Civil Code
BOOK I. Of Persons.
Decreed 8th of March, 1803. Promulgated 18th of the same Month.
Of the Enjoyment and Privation of Civil Rights.
Of the Enjoyment of Civil Rights.
The exercise of civil rights is independent of the quality of citizen, which is only acquired and preserved conformably to the constitutional law.
Every Frenchman shall enjoy civil rights.
Every individual born in France of a foreigner, may, during the year which shall succeed the period of his majority, claim the quality of Frenchman; provided, that if he shall reside in France he declares his intention to fix his domicil in that country, and that in case he shall reside in a foreign country, he give security to become domiciled in France and establish himself there within a year, to be computed from the date of that undertaking.
The Napoleonic Code divide law into law of:
Acquisition of property
Civil procedure (removed into a separate code in 1806)