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Civil law codes. The two most influential civil codes in the world? Who follows Nature of rules. Civil law codes.

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Civil law codes
Civil law codes

The two most influential civil codes in the world?

  • Who follows

  • Nature of rules


Civil law codes1
Civil law codes

“… the basic codes remain to the civilian, as the common law remains to us, the very core of the legal order, containing not only rules but also the general principles which give life and systematic direction to every positive norm…”

Rudolf Schlesinger (1959)

  • Why survived? (Kate, Jordan)

  • Drawbacks? (Leslie, Jenny)


Civil law codes2

French Civil Code

Napoleonic Code

1804

Four jurists/lawyers

German Civil Code

Burgerliches Gesetzbuck (BGB)

1896, eff. 1900

University “Pandecists”

Questions

ID differences (Jordan, Jenny)

Former Soviet countries (Jordan)

Belgium

Brazil

Indochina

Italy

Japan

Netherlands

Nordic countries

Northern Africa

Portugal

Spain

Latin America

Switzerland

Civil law codes


Civil law codes3

Belgium

Brazil

Indochina

Italy

Japan

Netherlands

Nordic countries

Northern Africa

Portugal

Spain

Latin America

Switzerland

Civil law codes


Civil law codes4

Belgium(1804)

Brazil

Indochina

Italy

Japan

Netherlands

Nordic

countries

Northern Africa

Portugal

Spain

Latin America

Switzerland

Civil law codes


Civil law codes5

Belgium

Brazil (1916)

Indochina

Italy

Japan

Netherlands

Nordic countries

Northern Africa

Portugal

Spain

Latin America

Switzerland

Civil law codes


Civil law codes6

Belgium

Brazil

Indochina

Italy

Japan

Netherlands

Nordic countries

Northern Africa

Portugal

Spain

Latin America

Switzerland

Civil law codes


Civil law codes7

Belgium

Brazil

Indochina

Italy (1942)

Japan

Netherlands

Nordic countries

Northern Africa

Portugal

Spain

Latin America

Switzerland

Civil law codes


Civil law codes8

Belgium

Brazil

Indochina

Italy

Japan (Korea)

Netherlands

Nordic countries

Northern Africa

Portugal

Spain

Latin America

Switzerland

Civil law codes


Civil law codes9

Belgium

Brazil

Indochina

Italy

Japan

Netherlands (1838 / 1967)

Nordic countries

Northern Africa

Portugal

Spain

Latin America

Switzerland

Civil law codes


Civil law codes10

Belgium

Brazil

Indochina

Italy

Japan

Netherlands

Nordic countries

Northern Africa

Portugal

Spain

Latin America

Switzerland

Civil law codes


Civil law codes11

Belgium

Brazil

Indochina

Italy

Japan

Netherlands

Nordic countries

Northern Africa

Portugal

Spain

Latin America

Switzerland

Civil law codes


Civil law codes12

Belgium

Brazil

Indochina

Italy

Japan

Netherlands

Nordic countries

Northern Africa

Portugal (1867 / 1967)

Spain

Latin America

Switzerland

Civil law codes


Civil law codes13

Belgium

Brazil

Indochina

Italy

Japan

Netherlands

Nordic countries

Northern Africa

Portugal

Spain (1888)

Latin America

Switzerland

Civil law codes


Civil law codes14

Belgium

Brazil

Indochina

Italy

Japan

Netherlands

Nordic countries

Northern Africa

Portugal

Spain

Latin America

Switzerland

Civil law codes


Civil law codes15

Belgium

Brazil

Indochina

Italy

Japan

Netherlands

Nordic countries

Northern Africa

Portugal

Spain

Latin America

Switzerland (Turkey 1926)

Civil law codes


Civil law codes16

French Civil Code

Persons

Property

Ways one acquires property

Jean-Étienne-Marie Portalis

German Civil Code

General part

Law of obligations

Law of property

Family law

Law of succession

Civil law codes


French civil code

Coverage?

Civil rights

Political rights

Rights in private relationships

Respect for human body

Right of privacy

French Civil Code


French civil code1

Coverage?

Civil rights

Political rights

Rights in private relationships

Respect for human body

Right of privacy

French Civil Code


French civil code2

Family law rules?

Divorce is “effective end of marriage relationship”

Sperm donor cannot be subject to paternity suits

Surrogate mother loses maternal rights if gives consent before notary

Illegitimate children have no rights

French Civil Code


French civil code3

Family law rules?

Divorce if “effective end of marriage relationship”

Sperm donor cannot be subject to paternity suits

Surrogate mother loses maternal rights if gives consent before notary

Illegitimate children have no rights

French Civil Code


French civil code4

Property rights?

Types of property are immovables and movables

Usufruct is the right for life to enjoy property and proceeds (like life estate)

Use is right to use property, but not proceeds

Condos, important in France, are not regulated in Civil Code

French Civil Code


French civil code5

Property rights?

Types of property are immovables and movables

Usufruct is the right for life to enjoy property and proceeds (like life estate)

Use is right to use property, but not proceeds

Condos, important in France, are not regulated in Civil Code

French Civil Code


French civil code6

Succession?

The first topic of Book III is successions (regulate aristrocracy)

Individual can bequeath as chooses, including disinheriting children

If person has one child, child inherits at least 50%

If person has two children, they inherit 75%

Future interests are prohibited

French Civil Code


French civil code7

Succession?

The first topic of Book III is successions (regulate aristrocracy)

Individual can bequeath as chooses, including disinheriting children

If person has one child, child inherits at least 50%

If person has two children, they inherit 75%

Future interests are prohibited

French Civil Code


French civil code8

Torts?

“Obligations that arise without contracts”

The rules on torts are essentially unchanged since 1804

The Civil Code requires the purchase of insurance by those in dangerous occupations

Parents can be liable for the torts of their children

French Civil Code


French civil code9

Torts?

“Obligations that arise without contracts”

The rules on torts are essentially unchanged since 1804

The Civil Code requires the purchase of insurance by those in dangerous occupations

Parents can be liable for the torts of their children

French Civil Code


French civil code10

Contracts / sales?

Title passes immediately, once there is agreement on price and object of sale

Title cannot, by agreement, pass at some future time

A promesse de vente is a sales contract

A lease is viewed as a type of contract, not property interest

French Civil Code


French civil code11

Contracts / sales?

Title passes immediately, once there is agreement on price and object of sale

Title cannot, by agreement, pass at some future time

A promesse de vente is a sales contract

A lease is viewed as a type of contract, not property interest

French Civil Code


French civil code12

Companies?

A company is association of two or more persons to carry out business

A one-person company is impossible

Companies are governed exclusively by the Commercial Code

Limited liability entities are all governed by Commercial Code (LLCs, limited partnership, corporations)

French Civil Code


French civil code13

Companies?

A company is association of two or more persons to carry out business

A one-person company is impossible

Companies are governed exclusively by the Commercial Code

Limited liability entities are all governed by Commercial Code (LLCs, limited partnership, corporations)

French Civil Code


Civil law codes17
Civil law codes

Why do civil codes survive “war, revolution,

political dismemberment”?

In fact, why are civil codes more

permanent than constitutions?

What is “decodification”?


German civil code

General part

Law of obligations

Law of property

Family law

Law of succession

The “General part” has broad notions that apply throughout the BGB. (Kate)

For example, a person’s “declaration of intent” can be his own declaration or that of a duly authorized agent. (This is the default rule.)

Questions:

Does this mean that an agent can agree to marriage on behalf of another? Adopt a child? Sign a will? (Kate)

How does one know if there is an exception? (Netherlands explicitly limits agency to “patrimony” rights)

German Civil Code


German civil code1

Juristic person?

Association

Foundation

Partnership

Close corporation

Public corporation

German Civil Code


German civil code2

Juristic person?

Association

Foundation

Partnership

Close corporation

Public corporation

German Civil Code


German civil code3

Obligations?

There is no technical requirement of consideration

Notarial form is required for a unilateral gift

Contracts are created by mutual consent

The Civil Code protects tenants, discouraging new construction

Employment periods differ for manual and clerical workers

German Civil Code


German civil code4

Obligations?

There is no technical requirement of consideration

Notarial form is required for a unilateral gift

Contracts are created by mutual consent

The Civil Code protects tenants, discouraging new construction

Employment periods differ for manual and clerical workers

German Civil Code


German civil code5

Obligations?

There is no technical requirement of consideration

Notarial form is required for a unilateral gift

Contracts are created by mutual consent

The Civil Code protects tenants, discouraging new construction

Employment periods differ for manual and clerical workers (unconstitutional)

German Civil Code


German civil code6

More obligations?

The relationships of principal and agent are treated as “mandates”

Civil law partnerships (not involving merchants) are regulated by BGB

Delicts, treated with more specificity than the French Civil Code, are viewed as a subset of obligations

Discovery of documents from a third-party arises only if substantive duty

German Civil Code


German civil code7

More obligations?

The relationships of principal and agent are treated as “mandates”

Civil law partnerships (not involving merchants) are regulated by BGB

Delicts, treated with more specificity than the French Civil Code, are viewed as a subset of obligations

Discovery of documents from a third-party arises only if substantive duty

German Civil Code


German civil code8

Family law?

All provisions on property are subject to principle in German Constitution: “Men and women shall have equal rights”

One of first things Allied Control Council did after WWII was to replace racist Nazi marriage law

Reflecting the value given marriage, there is only “fault” divorce

Married couples can by notarial agreement choose their own “property regime”

German Civil Code


German civil code9

Family law?

All provisions on property are subject to principle in German Constitution: “Men and women shall have equal rights”

One of first things Allied Control Council did after WWII was to replace racist Nazi marriage law

Reflecting the value given marriage, there is only “fault” divorce

Married couples can by notarial agreement choose their own “property regime”

German Civil Code


German civil code10

Successions?

The BGB lays out the order of succession

There is no recognition of wills

There is complete freedom of testation, thus allowing disinheritance of spouse and children

There are compulsory portions for surviving spouses and children

German Civil Code


German civil code11

Successions?

The BGB lays out the order of succession

There is no recognition of wills

There is complete freedom of testation, thus allowing disinheritance of spouse and children

There are compulsory portions for surviving spouses and children

German Civil Code


Civil law codes18
Civil law codes

What do the civil codes not cover?

(Jordan, Kate)

How are civil codes revised?

(Kate, Leslie, Jenny)


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