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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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