Civil code
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A civil code is a codification of private law relating to property, family, and obligations.
A jurisdiction that has a civil code generally also has a
History
The history of codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems that would rule over Continental Europe.
Other codified laws used since ancient times include various texts used in
European codes and influences on other continents
The idea of codification re-emerged during the
The first attempts at modern codification were made in the second half of the 18th century in
Meanwhile, the
The late 19th century and the beginning 20th century saw the emergence of the School of
Since 2002 with the First law of the Civil Code of Catalonia, Parliament of Catalonia's several laws have approved the successive books of the Civil Code of Catalonia. This has replaced most of the Compilation of the Civil Law of Catalonia, several special laws and two partial codes. Only the Sixth book, relating to obligations and contracts, has to be approved.
In Europe, apart from the
Civil codes in the Americas
The first civil code promulgated in Canada was that of New Brunswick 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.[citation needed]
In the
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 Louisiane the same year.[citation needed]
The
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.[citation needed]
The Dominican Republic, in 1845, put into force the original Napoleonic code, in French language (a translation in Spanish was published in 1884).[5]
In 1852,
In 1865, the Code Civil du Bas-Canada (or
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 is 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.[citation needed]
Panama in 1916 decided to adopt the Argentine code, replacing its code of 1903.[citation needed]
Cuba had the old Civil Code of Spain until the year 1987 when the National Assembly of People's Power approved the Cuban Civil Code, Law 59.[citation needed]
Civil codes in Asia
The Portuguese Civil Code of 1868 was introduced in the Portuguese overseas territories of Asia (
Also the civil code of Spain of 1889 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.
Many legal systems of other countries in Asia are within the civil law tradition and have enacted a civil code, mostly derived from the German civil code; that is the case of
The Indian Constitution in its Directive Principles of State Policy recommends to a Uniform Civil Code in ts Article 44. The Indian parliament is yet to pass a law in this regard.[7]
Contents of a civil code
A typical civil code deals with the fields of law known to the common lawyer as
The older civil codes such as the French, Egyptian, Austrian and Spanish ones are structured under the
- Law of Persons (personae)
- Law of Things(res)
- Issues common to both parts (actiones).
The newer codes such as the ones of Germany, Switzerland, Greece, Portugal, Romania and Catalonia are structured according to the
- 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 is not consistent with the structure of the Code.
Important civil codes
The following is the list of national or regional civil codes by alphabetic order of names of countries or regions:
Country/region | Name | Year of promulgation | Status | Note |
---|---|---|---|---|
Austria | Allgemeines bürgerliches Gesetzbuch | 1812 | In force | |
Armenia | Armenian Civil Code | 1998 | ||
Bavaria | Codex Maximilianeus bavaricus civilis | 1756 | Defunct | |
Brazil | Código Civil (1916 Civil Code) | 1916 | ||
Brazil | Código Civil (2002 Civil Code) | 2002 | In force | Replaced the previous 1916 Civil Code |
Cuba | Código Civil (1987 Civil Code) | 1987 | Replaced the previous Spanish Civil Code [1] | |
California | California Civil Code | 1872 | ||
Catalonia | Codi civil de Catalunya (Civil Code of Catalonia)[8][9] |
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| |
Chile | Código Civil (Civil Code)
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1855 | Drafted mostly by Andrés Bello and the basis of the codes of Colombia, Ecuador and other Latin American countries | |
Czech Republic | Občanský zákoník (Civil Code)
|
2012 |
| |
China | 民法典, Minfadian (Civil Code) | 2020 |
The legislation of the Civil Code of China was started in 1954, after the first Constitution was adopted. However, legislation was stopped and resumed for several times, while China adopted several civil laws instead. In 2014, the current legislation procedure started, and the first part, the General Provisions, was adopted in 2017 National People's Congress. Despite the delay of the 2020 National People's Congress due to the COVID-19 pandemic, the Congressmen gathered in Beijing on May 22 to discuss and vote for the Civil Code. It was passed on May 28 and came into force on January 1, 2021. | |
Denmark | Codex Holmiensis | 1241 | Defunct | |
Egypt | Egyptian Civil Code | 1948 | In force | |
France | Code civil des Français (French Civil Code) | 1804 | Later Code Napoléon and today Code civil. Replaced the Custom of Paris.
Inspired by Justinian's sixth-century codification of Roman law. Differ with comprehensive rewrite including earlier rules, in a rational structure rather than a religious content. This made laws clearer and more accessible and superseded the conflict between royal and judges legislative power. This code prohibits judges from deciding a case by way of introducing a general rule — an exercise of legislative — thus, there is no rule of stare decisis (binding precedent) in French law, but some jurisprudence constante, to interpret the law. It might also had influenced other countries. | |
Germany | Bürgerliches Gesetzbuch (Civil Code) | 1900 | ||
Greece | Αστικός Κώδικας (Civil Code) | 1946[11] | Replaced the Hexabiblos and the Civil Law of 1856; also locally the 1841 Ionian Civil Code, 1899 Civil Code of Samos, and the 1904 Cretan Civil Code[12] | |
Italy | Codice Civile (Civil Code)
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1942[13] | ||
Japan | 民法, Minpō (Civil Code)
|
|
||
South Korea | 민법, Minbeop (Civil Code) | 1958 | ||
Latvia | Civillikums (Civil law) | 1937 | ||
Louisiana | Louisiana Civil Code | 1825 | Replaced the Louisiana Civil Code Digest of 1808 | |
Macau | Código Civil (Civil Code) | 1999 | Replaced the 1966 Portuguese Civil Code | |
Mesopotamia | Code of Hammurabi | c. 1780 BC | Defunct | |
Nepal | Muluki Ain (Civil Code) Act, 2018 (Civil Code) | 2018 | In force | |
Netherlands | Burgerlijk Wetboek (Civil Code of 1838) | 1838 | Defunct | Still in force in Indonesia since 1848, as the Indonesian Civil Code . It was also applied in Timor-Leste, de facto from 1976 to 2002 and de jure from 2002 to 2011. |
Netherlands | Nieuw Burgerlijk Wetboek (Civil Code of 1992) | 1992 | In force | Replaced the 1838 Civil Code in its entirety; came into force in 1992, replacing the Napoleonic-based code with a German-influenced code |
Philippines | Civil Code of the Philippines | 1950 | Replacing the Civil Code of Spain which had been in force from 1889 to 1949 | |
Poland | Kodeks cywilny (Civil Code) | 1964 | Official text in Polish Archived 2015-12-22 at the Wayback Machine | |
Portugal | Código Civil (1868 Civil Code)
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1868 | Replaced in Portugal itself by the 1966 Civil Code. However, it is still in force in the territories of the former uniform civil code of India .
| |
Portugal | Código Civil (1966 Civil Code) | 1968[14] | Replaced the Civil Code of 1868 in Portugal and its overseas territories. Besides being in force in Portugal, it is also in force in Angola, Cape Verde, Guinea-Bissau, Mozambique and São Tomé and Príncipe. It also has a marked influence in the Macau Civil Code of 1999, the Brazilian Civil Code of 2002 and the Timor-Leste Civil Code of 2011. | |
Prussia | Allgemeines Landrecht (General Law of the Land)
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1794 | Defunct | An incredibly casuistic, and thus unsuccessful, code of 11000 sections |
Puerto Rico | Puerto Rico Civil Code | 1930 | In force | Reproduction of the Spanish Civil Code, with the inclusion of some articles from the Louisiana Civil Code. Title 31 of the Laws of Puerto Rico. |
Quebec | Civil Code of Lower Canada | 1865 | Defunct | In force in Quebec until being replaced by the Civil Code of Quebec in 1994. Replaced the Custom of Paris. |
Quebec | Code civil du Québec (Civil Code of Quebec) | 1994 | In force | Replaced the former Civil Code of Lower Canada |
Romania | Civil Code of Romania | 2011 | Replaced the Civil Code of 1865 | |
Russia | Civil Code of Russia | 1994 | ||
Serbia | Грађански законик, Građanski zakonik (Civil Code)
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1844 | Defunct | Drafted by Jovan Hadžić; officially defunct in 1946 but mostly repealed in 1978 by a new Obligations Act; some articles which have no legal equivalent in current day Serbian law are still in force |
Spain | Código Civil (Civil Code)
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1889 | In force | |
Switzerland | Zivilgesetzbuch (Civil Code)
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1907 | ||
Taiwan | 民法 (中華民國) (Civil Code) |
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Thailand | Civil and Commercial Code |
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Turkey | Türk Medeni Kanunu (Civil Code) | 2001 | Replaced the 1926 Turkish Civil Code | |
Ukraine | Civil Code of Ukraine | 2004[clarification needed] |
See also
References
- Le temps, Tuesday 13 September 2016 (page visited on 14 September 2016).
- ^ Alain A. Levasseur, The Major Periods of Louisiana Legal History, 41 Lov. L. REV. 585 (1996).
- ^ Levasseur, Alain A., "A "Civil Law" Lawyer: Louis Casimir Elisabeth Moreau Lislet" (1996). Journal Articles. 323. https://digitalcommons.law.lsu.edu/faculty_scholarship/323
- ^ Alain A. Levasseur, The Major Periods of Louisiana Legal History, 41 Lov. L. REV. 585 (1996).
- ^ "Guide to Legal Research in the Dominican Republic - GlobaLex". www.nyulawglobal.org. Retrieved 2022-09-17.
- ^ Macau Civil Code
- ^ "WHAT IS UNIFORM CIVIL CODE". Business Standard India. Retrieved 2022-09-17.
- ^ "Dret civil català. Departament de Justícia" (in Catalan). Departament de Justícia de la Generalitat de Catalunya. Retrieved 2013-11-26.
- ^ Albert Ruda (1997-03-14). "Projecte Norma Civil" (in Catalan). Civil.udg.es. Retrieved 2013-11-26.
- ^ "The Civil Code of Catalonia". Government of Catalonia. Archived from the original on 2020-01-09. Retrieved 2019-03-28.
- ^ Panezi, Maria (April 2006). "A Description of the Structure of the Hellenic Republic, the Greek Legal System, and Legal Research". GlobaLex. Retrieved 2018-04-24.
- ^ Eugenia Dacoronia, "The Evolution of the Greek Civil Law", in Regional Private Laws and Codification in Europe, eds. Hector L. MacQueen, Antoni Vaquer, & Santiago Espiau Espiau (Cambridge: Cambridge University Press, 2003), 290-1.
- ^ "Il Codice Civile Italiano" (in Italian). Jus.unitn.it. Archived from the original on 2010-01-22. Retrieved 2013-11-26.
- ^ "Código Civil Português" (in Portuguese). Portolegal.com. Archived from the original on 2006-08-21. Retrieved 2013-11-26.