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The Code Napoleon was the greatest contribution of Napoleon of France in the legal
history. This body of laws promoted civil law that identified regulations on marriages,
paternality, filiations, and property relations. This was a result of the integration of 60
general customs and approximately 300 local customs in France with the dominance of
Paris Custom.
Because of the confusing collection of custom laws called Coutume de Paris, Napoleon
tasked the National Assembly to call for an assembly in systematically arranging the
custom laws through the leadership of Jean-Etienne-Marie Portalis with the three
eminent jurists: Bigot de Preameneu Felix-Julien-Jean (lawyer at the Parliaments of
Rennes then of Paris; it was named to adviser of State in 1801; president of the
legislation section in the Council of State; it succeeded Portalis as minister of religion),
Maleville Jacques de (elected with the Council of Ancients, it was named in 1801 with
the Cassation Court, of which it chaired the civil section; Maleville was named senator in
1806, then count of the Empire in 1808), and Tronchet Franois-Denis (lawyer and
jurisconsult, Tronchet was elected in the Estates-General; defender of Louis XVI, then
elected with the Council of Ancients, he became president of the Cassation Court in
1800; appointed senator in 1801; it rested in the Pantheon). Napoleon attended in
person 36 of the commission's 87 meetings. Although the draft was completed at the
end of 1801, the Code was not published until March 21, 1804. The Civil Code
reflected Napoleons mixed views on conservatism and liberalism. It must be noted that
the Code was patriarchal in nature.
The following is the outline of the Code 3 books and 35 titles:
PRELIMINARY TITLE. OF THE PUBLICATION, EFFECT, AND APPLICATION OF THE
LAWS IN GENERAL
BOOK I. Of Persons.
TITLE I. OF THE ENJOYMENT AND PRIVATION OF CIVIL RIGHTS
CHAPTER I. Of the enjoyment of civil rights
CHAPTER II. Of the privation of civil rights
Section 1. Of the privation of civil rights by the loss of the quality of Frenchman
Section 2. Of the privation of civil rights in consequence of judicial proceedings
TITLE II. OF ACTS BEFORE THE CIVIL AUTHORITIES
CHAPTER 1. General ordinance
CHAPTER II. Of acts of birth
CHAPTER III. Of acts of marriage
CHAPTER IV. Of acts of decease
CHAPTER V. Of acts of the civil power regarding the military out of the territory of the
republic
CHAPTER VI. Of the amendments of acts of a civil nature
TITLE III. OF DOMICIL
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Section 3. Of the rights of the proprietor of the estate to which the servitude is due
Section 4. Of the manner in which servitudes are extinguished
BOOK III. Of the Different Modes of Acquiring Property.
GENERAL DISPOSITIONS
TITLE I. OF SUCCESSIONS
CHAPTER I. Of the opening of successions and of the seisin of heirs
CHAPTER II. Of the qualities requisite to succeed
CHAPTER III. Of the different orders of succession
Section 1. General dispositions
Section 2. Of representation
Section 3. Of successions devolving upon descendants
Section 4. Of successions devolving upon ancestors
Section 5. Of collateral successions
CHAPTER IV. Of irregular successions
Section 1. Of the rights of natural children over the property of their father or mother,
and of the succession to natural children dead without issue
Section 2. Of the rights of the surviving conjunct and of the republic
CHAPTER V. Of the acceptance and repudiation of successions
Section 1. Of acceptance
Section 2. Of the renunciation of successions
Section 3. Of the privilege of inventory, of its effects, and of the obligations of the
beneficiary heir
Section 4. Of vacant successions
CHAPTER VI. Of division and restitution
Section 1. Of the action for division and of its form
Section 2. Of restitutions
Section 3. Of payment of debts
Section 4. Of the effects of distribution and of the warranty of the lots
Section 5. Of annulment of distribution
TITLE II. OF DONATIONS DURING LIFE AND OF WILLS
CHAPTER I. General regulations
CHAPTER II. Of the capability of disposing or of receiving by donation during life or by
will
CHAPTER III. Of the disposable portion of goods, and of reduction
Section 1. Of the disposable portion of goods
Section 2. Of the reduction of donations and legacies
CHAPTER IV. Of donations during life
Section 1. Of the form of donations during life
Section 2. Of exceptions to the rule on the irrevocability of donations during life
CHAPTER V. Of testamentary dispositions
Section 1. Of general rules on the form of wills
Section 2. Of particular rules touching the form of certain wills
Section 3. Of appointment of heir, and of legacies in general
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Regulation relative to legal community, when one of the married parties or both of them
have children of previous marriages
Part 2. Of conventional community, and of agreements which may modify and even
exclude legal community
Section 1. Of community confined to property acquired
Section 2. Of the clause which excludes from the community the moveable property
in whole or in part
Section 3. Of the clause making moveable
Section 4. Of the article of separation of debts
Section 5. Of the power granted to the wife of resuming her contribution free and
unencumbered
Section 6. Of conventional reversion (preciput)
Section 7. Of the articles by which unequal portions in the community are assigned to
either of the married parties
Section 8. Of community by general title
Regulations common to the eight preceding sections
Section 9. Of agreements excluding community
1. Of the clause implying that the parties marry without community
2. Of the clause of separation of property
CHAPTER III. Of regulation of dowry
Section 1. Of settlement of dowry
Section 2. Of the rights of the husband over the property in dowry, and of the
inalienable nature of the funds of the dower
Section 3. Of the restitution
of dower
Section 4. Of paraphernalia Particular regulation
TITLE VI. OF SALES
CHAPTER I. Of the nature and form of sales
CHAPTER II. Who may buy or sell
CHAPTER III. Of things which may be sold
CHAPTER IV. Of the obligations of the seller
Section 1. General regulations
Section 2. Of delivery
Section 3. Of warranty
1. Of warranty in case of eviction
2. Of warranty against defects in the thing sold
CHAPTER V. Of the obligations of the purchaser
CHAPTER VI. Of the nullity and rescinding of sales
Section 1. Of the power of repurchase
Section 2. Of annulling sales for cause of injury
CHAPTER VII. Of auctions
CHAPTER VIII. Of the transfer of credits and other incorporeal rights
TITLE VII. OF BARTER
TITLE VIII. OF THE CONTRACT OF HIRING
CHAPTER I. General regulations
CHAPTER II. Of the hiring of things
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