The Civil Code, adopted in France in 1804 and called the Napoleonic Code, is one of the most important legal acts in the history of mankind. This is connected not only with the name of the legendary emperor, who himself took an active part in the creation of this document, but also with the enormous influence that he had on all European civil law.
After the events of the French Revolution, the entire regulatory framework in this country took on a rather confusing look: new revolutionary norms were intertwined with old royal laws that had already become obsolete. At the same time, it was very important for the overwhelming majority of the population to legally consolidate the main gains of the revolution and prevent a return to the old order. It was this task that the Napoleonic Code was intended to solve.
The idea of this document has matured in the future emperor for a long time. He understood perfectly well that with the help oflegislative registration of the basic civil rights of the population of France, he will be able to stabilize the situation within society, give impetus to its further development. To prepare the project, a special commission was created, in which the First Consul Napoleon Bonaparte himself took an active part. The main sources in the preparation of this code were the provisions of Roman private law and the Declaration of the Rights of Man and Citizen. In March 1804, the Civil Code was adopted and entered into force.
The Napoleonic Code of 1804 includes three main parts. The first part is devoted to such institutions as marriage, guardianship, divorce, adoption. The most important principles of this section are the equality of citizens before the law and the inviolability of property rights.
It was property issues that served as a stumbling block between the former owners and the new owners. The Napoleonic Code solved this problem once and for all, pointing out the inadmissibility of the forced redistribution of land and the seizure of other property objects.
Property rights continue to be de alt with in the second part. It is specifically stated here that the disposal of one's property should not cause harm to others and, at the same time, no person can be forced to give up his property. At the same time, the state should take on the role of an arbitrator in property disputes between citizens.
In its third part, the Napoleonic Code refers to contractual relations arising fromfrom ownership. Firstly, in this section, a classification of transactions is carried out, among which contracts of inheritance, sale and donation stand out. Secondly, the conditions for the onset of contractual relations are determined, the most important of which can be considered voluntary and legal equality of the parties.
The Civil Code of 1804 was the first set of laws in France, the same for the whole country. Subsequently, it was extended to all French colonies, and then was adopted in most European and American states.
At the same time, it should be noted that the famous emperor's legislative activity was not limited to the Civil Code alone. No less famous was the Napoleonic Criminal Code, adopted in 1810, which created the legal basis for the criminal prosecution of criminals.
