Everything about Code Of Law totally explained
A
civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of
private law. A jurisdiction that has a civil code generally also has a
code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code.
History
The concept of
codification dates back to ancient
Babylon. The earliest surviving civil code is the
Code of Hammurabi, produced
circa 1760 BC by the
Babylonian king
Hammurabi. The most famous ancient civil code, however, is the
Corpus Juris Civilis, a codification of
Roman law produced between 529-534 AD by the
Byzantine emperor
Justinian I, which forms the basis of
civil law legal systems.
Other civil codes used since ancient times include various texts used in
religious laws, sich as the
Law of Manu in
Hindu law, the
Mishnah in Jewish
Halakha law, the
Canons of the Apostles in Christian
Canon law, and arguably the
Qur'an and Sunnah in Islamic
Sharia law to some extent.
European codes and influences on other continents
The idea of codification re-emerged during the
Age of Enlightenment, when it was believed that all spheres of life could be dealt with in a conclusive system based on human
rationality, following from the experience of the early codifications of
Roman Law during the
Roman Empire.
The first attempts at modern codification were made in the second half of the
18th century in
Germany, when the states of
Austria,
Prussia,
Bavaria and
Saxony began to codify their laws. The first statute that used this denomination was the
Codex Maximilianeus Bavaricus Civilis of
1756 in
Bavaria, still using the Latin language. It was followed in
1792 by a legal compilation that included civil, penal, and constitutional law, the
Allgemeines Landrecht für die Preussischen Staaten (General National Law for the Prussian States) promulgated by King
Frederick II the Great. In
Austria, the first step towards fully-fledged codification were the yet incomplete
Codex Theresianus (compiled between
1753 and
1766), the
Josephinian Code (
1787) and the complete
West Galician Code (enacted as a test in
Galicia in
1797). The final
Austrian Civil Code (called
Allgemeines bürgerliches Gesetzbuch, ABGB) was only completed in
1811 after the dissolution of the
Holy Roman Empire of German Nation under the influence of the
Napoleonic Wars.
Meanwhile, the
French Napoleonic code (
Code Civil) was enacted in
1804 after only a few years of preparation, but it was a child of the
French Revolution, which is strongly reflected by its content. The French code was the most influential one because it was introduced in many countries standing under French occupation during the
Napoleonic Wars. In particular, countries such as
Italy, the
Benelux countries,
Spain,
Portugal (with the Civil Code of 1867, later replaced by the Civil Code of 1966, which is strongly influenced by the German BGB), the
Latin American countries, the province of
Quebec, the state of
Louisiana in the
United States, and all other former French colonies which base their civil law systems to a strong extent on the Napoleonic Code.
In
Asia, the civil code of Spain would be enforced in its
colony, the
Philippines, and this would remain in effect even after the end of
Spanish rule until the
Philippines enacted its own
Civil Code in
1950 after almost fifty years of U.S. rule.
The late 18th century and the beginning
19th century saw the emergence of the School of
Pandectism, whose work peaked in the
German Civil Code (BGB), which was enacted in
1900 in the course of Germany's national unification project, and in the
Swiss Civil Code (
Zivilgesetzbuch) of
1907. Those two codes had been most advanced in their systematic structure and classification from fundamental and general principles to specific areas of law (for example contract law, labour law, inheritance law). While the French Civil Code was structured in a "casuistic" approach attempting to regulate every possible case, the German BGB and the later Swiss ZGB applied a more abstract and systematic approach. Therefore, the BGB had a great deal of influence on later codification projects in countries as diverse as
Japan,
Greece,
Turkey, Portugal (1966 Civil Code) and
Macau (1999 Civil Code).
In Europe, apart from the
common law countries of the British Isles, only
Scandinavia remained untouched by the codification movement. The particular tradition of the civil code originally enacted in a country is often thought to have a lasting influence on the methodology employed in legal interpretation. Scholars of
comparative law and economists promoting the
legal origins theory of (financial) development usually subdivide the countries of the
civil law tradition as belonging either to the French, Scandinavian or German group (the latter including
Germany,
Austria,
Switzerland,
Liechtenstein,
Japan,
Taiwan and
South Korea).
Civil codes in the Americas
The first civil code promulgated in
America was that of
Louisiana of
1804, inspired by the
1800 project of the French civil code, known as the
Projet de l'an VIII (project of the 8th year); nevertheless, in
1808 a
Digeste de la loi civile was sanctioned.
In the
United States, codification appears to be widespread at a first glance, but American codifications are actually collections of common law rules and a variety of
ad hoc statutes; that is, they don't aspire to complete logical coherence. For example, the
California Civil Code largely codifies common law doctrine and is very different in form and content from all other civil codes.
In
1825,
Haiti promulgated a
Code Civil, that was simply a copy of the Napoleonic one; while
Louisiana abolished its
Digeste, replacing it with the
Code Civil de l'État de la Lousianne the same year.
The
Mexican state of
Oaxaca promulgated the first Latin American civil code in
1827, copying the French civil code.
Later on, in
1830, the civil code of
Bolivia, a summarized copy of the French one, was promulgated by
Andrés de Santa Cruz. The latest, with some changes, was adopted by
Costa Rica in
1841.
The
Dominican Republic, in
1845, put into force the original Napoleonic code, in French language (a translation in Spanish was published in
1884).
In
1852,
Peru promulgated its own civil code (based on a project of
1847), which wasn't a simple copy or imitation of the French one, but presented a more original text based on the Castillan law (of
Roman origin) that was previously in force on the Peruvian territory.
Chile promulgated its civil code in
1855, an original work in confront with the French code both for the scheme and for the contents (similar to the Castillan law in force in that territory) that was written by
Andrés Bello (begun in
1833). This code was integrally adopted by
Ecuador in
1858;
El Salvador in
1859;
Venezuela in
1862 (only during that year);
Nicaragua in 1867;
Honduras in 1880 (until 1899, and again since 1906);
Colombia in 1887; and
Panama (after its separation from Colombia in 1903).
In 1865, the
Canadian province of
Quebec promulgated the Code Civil du Bas-Canada (or
Civil Code of Lower Canada). It was replaced in 1991 by a new
Civil Code of Quebec, which came into effect in 1994.
Uruguay promulgated its code in 1868, and
Argentina in 1869 (work by
Dalmacio Vélez Sársfield).
Paraguay adopted its code in 1987, and in 1877
Guatemala adopted the Peruvian code of 1852.
Nicaragua in 1904 replaced its civil code of 1867 by adopting the Argentine code. In 1916
Brazil enacted its civil code (project of
Clovis Bevilacqua, after rejecting the project by
Teixeira de Freitas that was translated by the Argentines to prepare their project), that entered into effect in 1917 (in 2002, the Brazilian Civil Code was replaced by a new text). Brazilian Civil Code of 1916 was considered, by many, as the last code of the 19th century despite being adopted in the 20th century. The reason behind that's that the Brazilian Code of 1916 was the last of the important codes from the era of codifications in the world that had strong liberal influences, and all other codes enacted thereafter were deeply influenced by the social ideals that emerged after World War I and the Soviet Socialist Revolution.
Panama in 1916 decided to adopt the Argentine code, replacing its code of 1903.
Civil codes in Asia
Many legal systems in Asia are within the civil law tradition and have enacted a civil code; that's the case of
Japan,
Korea,
Thailand (the Civil and Commercial Code),
Taiwan, the
Philippines and
Macau.
Contents of a civil code
A typical civil code deals with the fields of law known to the common lawyer as
law of contracts,
torts,
property law,
family law and the law of
inheritance.
Commercial law,
corporate law and
civil procedure are usually codified separately.
The older civil codes such as the French, Egyptian, and Austrian ones are structured under the
Institutional System of the
Roman jurist
Gaius and generally have three large parts:
The newer codes such as the ones of Germany, Switzerland and Portugal are structured according to the
Pandectist System:
General part
Law of Obligation
Law of Real Rights
Family Law
Law of Inheritance
The civil code of the state of Louisiana, following the institutions system, is divided into five parts:
Preliminary Title
Of Persons
Things and Different Modifications of Ownership
Of Different Modes of Acquiring the Ownership of Things
Conflict of Laws
Pandectism also had an influence on the earlier codes and their interpretation. For example, Austrian civil law is typically taught according to the Pandect System (which was devised by German scholars in the time between the enactment of the Austrian and the German Codes), even though this isn't consistent with the structure of the Code.
Important civil codes
Civil Codes with Year of Enactment (codes written in bold letters are still in force):
Mesopotamian Code of Hammurabi (ca. 1780 BC)
Bavarian Codex Maximilianeus bavaricus civilis (1756)
Prussian Allgemeines Landrecht (1792 -- "General Law of the Land"; an incredibly casuistic and thus unsuccessful code of 11000 sections)
French Code civil des Français (1804) (later Code Napoléon and today Code civil)
Austrian Allgemeines bürgerliches Gesetzbuch (1812)
Louisiana Civil Code of the State of Louisiana (1825)
Serbia Грађански законик (Civil Code) written by Jovan Hadžić (1844)
Chile Código Civil (Civil Code) written mostly by Andrés Bello and the base of the codes of Colombia, Ecuador and other Latin American countries. (1855 )
Quebec or Civil Code of Lower Canada (1865) repealed and replaced by Civil Code of Québec in 1994
Spain Código Civil in 1885
Japanese Mimpo(民法)(1896(Part I-III) and 1898(Part IV & V))
German Bürgerliches Gesetzbuch (1900)
Swiss Zivilgesetzbuch (1907)
Italian Codice Civile (1942)
Greek Αστικός Κώδικας (Civil Code) (1946)
Egyptian Egyptian Civil Code (1948) (قانون مدنی)
Portuguese Código Civil (1966)
Philippines Civil Code of the Philippines (1950) -- replacing the Civil Code of Spain which had been in effect from 1889 to 1949.
Netherlands Burgerlijk Wetboek (1838), last major revision in 1992
Ukraine Civil Code of Ukraine (2004) Further Information
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