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Comparative Law Spring 2006 Professor Susanna Fischer

Comparative Law Spring 2006 Professor Susanna Fischer. CLASS 5 Code Civil Reception of Code Civil. Canadian Election. Stephen Harper. WRAP-UP POINTS.

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Comparative Law Spring 2006 Professor Susanna Fischer

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  1. Comparative Law Spring 2006Professor Susanna Fischer CLASS 5 Code Civil Reception of Code Civil

  2. Canadian Election • Stephen Harper

  3. WRAP-UP POINTS • Our study of French legal history showed that before the French Revolution (1789), French law was a patchwork of customary and regional laws, due to the power of the regional Parlements, despite the development of an absolute monarchy. • The Revolution toppled the King, aristocracy and Parlements from power. • When Napoleon took over, he codified the law in an attempt to centralize and systematize it. His Codes were strongly influenced by Roman law, as well as by the 17th century codes under Colbert and Louis XIV

  4. The French Revolution: 1789-99 • End of feudal privileges and abolition of hereditary nobility. • All citizens equal in status and having certain basic rights – Déclaration des Drois de L’Homme et du Citoyen of 1789 • Separation of church and state • Abolition of regional Parlements

  5. Napoleon Bonaparte and the Codification of French Law • Napoleon came to power in 1799 • Centralized and consolidated government and codified the law in a Civil Code of 1804 (tort, contract, family, property law) • Also created the Conseil d’Etat

  6. Code Civil • Structure

  7. Code Civil • Revolution vs. Tradition

  8. Code Civil • Balance between droit écrit and droit coutumier

  9. Code Civil • Style and language • Role of judge

  10. Code Civil • Style and language • Role of judge • How could Code Civil remain in force through so much political, economic, and social change?

  11. Reception of Civil Code • Where does Civil Code spread to?

  12. Reception of Civil Code • Where does Civil Code spread to? • Belgium, Netherlands (NBW 1954-1992) • Influential in Germany and Switzerland (though diminished after BGB and ZGB • Italy and Spain and Portugal • Near East • Mahgreb • Sub-Saharan Africa • Latin America • North America (Quebec, Louisiana)

  13. Subsequent Napoleonic Codes • Civil Procedure (1806) • Commercial Law (1807) • Criminal Law (1810)

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