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History of civil law of France-Law News

B) The Civil Code

The Civil Code is Created in 1804. This date is used to cut the French law period. Until the French Revolution period of the previous law.

Of the revolution until 1804, the period right through. France is then cut between the countries of the North inspired by German law, and the South, influenced by Roman law.

 Under the old law:

The king is then supported by a landed aristocracy.

Civil law is faith, ie that the family law will be inspired by the precepts of the Catholic religion. He recognized jurisdiction of canon law to regulate marriage.

Civil law is also unequal. He devotes privileges in the condition of people whether between different classes, or in the same class (birthright, for example).

Civil law is Community. The individual is inserted in natural communities, which limits his freedom.

Finally, the civil law is earthly. The property is quintessential real estate. Many laws guarantee the ownership of buildings and non-fragmentation.

 Period of intermediate or revolutionary law:

Evolution: unprecedented political principle. We are witnessing a revival of civil law. It guarantees freedom of conscience, the equality of people and land. New laws will be developed, which will subtract a part of canon law.

There will be several civil code projects, the first in 1793. Purpose: To unify the right and support national unity. This is a secular code. The first civil code separated the right of the church.

The Civil Code is the expression of civil DDHC (declaration of the right of man and citizen) in 1789.

abolition of privilege, which contributes to the appearance of the class of small owners (with among others the disappearance of primogeniture). The civil code ignores corporations. He defends the individual against his family, admits divorce, and spends the termination of parental authority in 21 years.