limitations of nepoleonic Civic code
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The Civil Code of the French, promulgated by the law of 30 ventose year XII (March 21, 1804), received from a law of 1807 the name of Code Napoleon. This name, which the charters of 1814 and 1830 withdrew from him, was restored to him by a decree of 1852, "to pay homage to the historical truth". Fallen into disuse in Republican France, it is still commonly used abroad.
Effectively developed under the leadership of Bonaparte, First Consul, the Napoleon Code has enjoyed immense influence. By the conceptions which presided over its drafting, it remains the very type of the modern code, although many of its articles have been changed and others have aged. It is understandable that St. Helena Napoleon could say: "My true glory is not to have won forty battles; Waterloo will erase the memory of so many victories. What nothing will erase, what will live forever, is my Civil Code. "
The promulgation of the 1804 Code was a satisfaction given to an old and deep popular desire.
For centuries, the people had been defying justice, the powerful who controlled it, and lawyers. He wanted the law to be written and to be simple and clear, so that everyone could know his law and the protection afforded him by law. As early as 1453, Charles VII promised the French people the writing of the customs that governed him. As the task had not been accomplished, the drafting of customs was demanded by the third estate at the Estates General of 1484. But it was scarcely realized until the sixteenth century.
The customs written, the law was safer, but also more questionable. He varied from one region to another, at the risk of historical incidents, and Voltaire remarked that the traveler changed laws as often as horses. Then came the opportunity for a codification that united the law. This one is claimed, at the request of the third state still, by the States General of 1560, then, at the request of the three orders in 1576.
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