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Encyclopedia > Civil code

A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. To meet Wikipedias quality standards, this article or section may require cleanup. ...

Contents

History

European codes and influences on other continents

The idea of codification re-emerged during the Age of Enlightenment, when it was believed that all spheres of life could be dealt with in a conclusive system based on human rationality, following from the experience of the early codifications of Roman Law during the Roman Empire. In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ... 18th century philosophy redirects here. ... Rationality as a term is related to the idea of reason, a word which following Websters may be derived as much from older terms referring to thinking itself as from giving an account or an explanation. ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... For other uses, see Roman Empire (disambiguation). ...


The first attempts at modern codification were made in the second half of the 18th century in Germany, when the states of Austria, Prussia, Bavaria and Saxony began to codify their laws. The first statute that used this denomination was the Codex Maximilianeus Bavaricus Civilis of 1756 in Bavaria, still using the Latin language. It was followed, in 1792, by a legal compilation that included civil, penal, and constitutional law, the Allgemeines Landrecht für die Preussischen Staaten (General National Law for the Prussian States) promulgated by King Frederick II the Great. In Austria, the first step towards fully-fledged codification were the yet incomplete Codex Theresianus (compiled between 1753 and 1766), the Josephinian Code (1787) and the complete West Galician Code (enacted as a test in Galicia in 1797). The final Austrian Civil Code (called Allgemeines bürgerliches Gesetzbuch, ABGB) was only completed in 1811 after the dissolution of the Holy Roman Empire of German Nation under the influence of the Napoleonic Wars. (17th century - 18th century - 19th century - more centuries) As a means of recording the passage of time, the 18th century refers to the century that lasted from 1701 through 1800. ... For other uses, see Prussia (disambiguation). ... For other uses, see Bavaria (disambiguation). ... Location Time zone CET/CEST (UTC+1/+2) Administration Country NUTS Region DED Capital Dresden Minister-President Georg Milbradt (CDU) Governing parties CDU / SPD Votes in Bundesrat 4 (from 69) Basic statistics Area  18,416 km² (7,110 sq mi) Population 4,252,000 (11/2006)[1]  - Density 231 /km... 1756 was a leap year starting on Thursday (see link for calendar). ... For other uses, see Bavaria (disambiguation). ... 1792 was a leap year starting on Sunday (see link for calendar). ... Frederick II (German: ; January 24, 1712 – August 17, 1786) was a King of Prussia (1740–1786) from the Hohenzollern dynasty. ... 1753 was a common year starting on Monday (see link for calendar). ... 1766 was a common year starting on Wednesday (see link for calendar). ... Year 1787 was a common year starting on Monday (see link for calendar). ... The West Galician code was a civil code created in the 18th century and introduced in West Galicia, prior to the introduction of ABGB. It contained little in the way of solving feudal-class problems and was based on the laws of nature. ... For other uses, see Galicia. ... 1797 (MDCCXCVII) was a common year starting on Sunday (see link for calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 11-day-slower Julian calendar). ... The Allgemeines Bürgerliches Gesetzbuch (ABGB) is the Civil Code of Austria, enacted in 1811 after about 40 years of preparatory works. ... For the US Federal Agent designation, see Special agent. ... The Holy Roman Empire and from the 16th century on also The Holy Roman Empire of the German Nation was a political conglomeration of lands in Central Europe in the Middle Ages and the early modern period. ... Combatants Austria[1] Portugal Prussia[1] Russia[2] Sicily  Spain[3]  Sweden United Kingdom[4] French Empire Holland Italy Naples [5] Duchy of Warsaw Bavaria[6] Saxony[7] Denmark-Norway [8] Commanders Archduke Charles Prince Schwarzenberg Karl Mack von Leiberich João Francisco de Saldanha Oliveira e Daun Gebhard von...


Meanwhile, the French Napoleonic code (Code Civil) was enacted in 1804 after only a few years of preparation, but it was a child of the French Revolution, which is strongly reflected by its content. The French code was the most influential one because it was introduced in many countries standing under French occupation during the Napoleonic Wars. In particular, countries such as Italy, the Benelux countries, Spain, Portugal (with the Civil Code of 1867, later replaced by the Civil Code of 1966, which is strongly influenced by the German BGB), the Latin American countries, the province of Quebec, the state of Louisiana in the United States, and all other former French colonies which base their civil law systems to a strong extent on the Napoleonic Code. First page of the 1804 original edition The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) was the French civil code, established at the behest of Napoléon I. It was drafted rapidly by a commission of four eminent jurists and entered into force... 1804 was a leap year starting on Sunday (see link for calendar). ... The French Revolution (1789–1815) was a period of political and social upheaval in the political history of France and Europe as a whole, during which the French governmental structure, previously an absolute monarchy with feudal privileges for the aristocracy and Catholic clergy, underwent radical change to forms based on... Combatants Austria[1] Portugal Prussia[1] Russia[2] Sicily  Spain[3]  Sweden United Kingdom[4] French Empire Holland Italy Naples [5] Duchy of Warsaw Bavaria[6] Saxony[7] Denmark-Norway [8] Commanders Archduke Charles Prince Schwarzenberg Karl Mack von Leiberich João Francisco de Saldanha Oliveira e Daun Gebhard von... Location of Benelux in Europe Official languages Dutch and French Membership  Belgium  Netherlands  Luxembourg Website http://www. ... Latin America consists of the countries of South America and some of North America (including Central America and some the islands of the Caribbean) whose inhabitants mostly speak Romance languages, although Native American languages are also spoken. ... This article is about the Canadian province. ... This article is about the U.S. State. ...


In Asia, the civil code of Spain would be enforced in its colony, the Philippines, and this would remain in effect even after the end of Spanish rule until the Philippines enacted its own Civil Code in 1950 after almost fifty years of U.S. rule. For other uses, see Asia (disambiguation). ... This article is about a type of political territory. ... This article covers the history of the Philippines from 1521 to 1898. ... The Civil Code of the Philippines is the product of the codification of private law in the Philippines. ... Year 1950 (MCML) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar. ...


The late 18th century and the beginning 19th century saw the emergence of the School of Pandectism, whose work peaked in the German Civil Code (BGB), which was enacted in 1900 in the course of Germany's national unification project, and in the Swiss Civil Code (Zivilgesetzbuch) of 1907. Those two codes had been most advanced in their systematic structure and classification from fundamental and general principles to specific areas of law (e.g. contract law, labour law, inheritance law). While the French Civil Code was structured in a "casuistic" approach attempting to regulate every possible case, the German BGB and the later Swiss ZGB applied a more abstract and systematic approach. Therefore, the BGB had a great deal of influence on later codification projects in countries as diverse as Japan, Greece, Turkey, Portugal (1966 Civil Code) and Macau (1999 Civil Code). Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... Pandects (Lat. ... The Bürgerliches Gesetzbuch (or BGB) was the civil code of the German Empire and continues to act as the central law for german civil law. ... Äž: For the film, see: 1900 (film). ... The Zivilgesetzbuch (ZGB) is the Swiss civil code. ... Year 1907 (MCMVII) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 13-day-slower Julian calendar). ...


In Europe, apart from the common law countries of the British Isles, only Scandinavia remained untouched by the codification movement. The particular tradition of the civil code originally enacted in a country is often thought to have a lasting influence on the methodology employed in legal interpretation. Scholars of comparative law and economists promoting the legal origins theory of (financial) development usually subdivide the countries of the civil law tradition as belonging either to the French, Scandinavian or German group (the latter including Germany, Austria, Switzerland, Liechtenstein, Japan, Taiwan and South Korea). This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... For other uses, see Scandinavia (disambiguation). ... To meet Wikipedias quality standards, this article or section may require cleanup. ... In economics, the legal origins theory states that many aspects of a countrys economic state of development are the result of their legal system, most of all where a particular country received its law from. ... Civil law is a legal system derived from Roman law and commonly used in Europe. ...


Civil codes in the Americas

The first civil code promulgated in America was that of Louisiana of 1804, inspired by the 1800 project of the French civil code, known as the Projet de l'an VIII (project of the 8th year); nevertheless, in 1808 a Digeste de la loi civile was sanctioned. World map showing the Americas CIA political map of the Americas The Americas are the lands of the Western hemisphere or New World, consisting of the continents of North America[1] and South America with their associated islands and regions. ... This article is about the U.S. State. ... 1804 was a leap year starting on Sunday (see link for calendar). ... // ON MAY 5 1853 MR.FADER HAD SEX WITH A MAN NAME MR WIEN THEN THEY HAD SON NAMEDMRS COTURE AND MR MANOOGIAN WENT INTO MRS HASKELLS OFFICE NAKED AND DANCED AROUND AND MASTERBATED ON HER CHEST AND SHE LICKED IT OFF THEN THEY HAD ORAL SEEX WITH NAPLOEAN OF... Year 1808 (MDCCCVIII) was a leap year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a leap year starting on Wednesday of the 12-day slower Julian calendar). ...


In the United States, codification appears to be widespread at a first glance, but American codifications are actually collections of common law rules and a variety of ad hoc statutes; that is, they do not aspire to complete logical coherence. For example, the California Civil Code largely codifies common law doctrine and is very different in form and content from all other civil codes. The California Civil Code, more formally known as The Civil Code of the State of California is a collection of civil law statutes for the State of California. ...


In 1825, Haiti promulgated a Code Civil, that was simply a copy of the Napoleonic one; while Louisiana abolished its Digeste, replacing it with the Code Civil de l'État de la Lousianne the same year. Year 1825 (MDCCCXXV) was a common year starting on Saturday (link will display the full calendar) of the Gregorian Calendar (or a common year starting on Thursday of the 12-day slower Julian calendar). ... This article is about the U.S. State. ...


The Mexican state of Oaxaca promulgated the first Latin American civil code in 1827, copying the French civil code. The United Mexican States (Estados Unidos Mexicanos or Mexico) comprises 31 states (estados) and one federal district (Distrito Federal), which contains the capital, Mexico City. ... Catedral de Santo Domingo The Free and Sovereign State of Oaxaca or simply Oaxaca   is one of the 31 states of Mexico, located in the southern part of Mexico, west of the Isthmus of Tehuantepec. ... Year 1827 (MDCCCXXVII) was a common year starting on Monday (link will display the full calendar) of the Gregorian Calendar (or a common year starting on Wednesday of the 12-day slower Julian calendar). ...


Later on, in 1830, the civil code of Bolivia, a summarized copy of the French one, was promulgated by Andrés de Santa Cruz. The latest, with some changes, was adopted by Costa Rica in 1841. Liberty Leading the People by Eugène Delacroix commemorates the July Revolution 1830 (MDCCCXXX) was a common year starting on Friday (see link for calendar). ... Andrés de Santa Cruz Andrés de Santa Cruz y Calahumana (1792-1865) Served as President of Peru in 1827 and President of Bolivia from 1829 until 1839, where he was elected after the resignation of Antonio José de Sucre. ... 1841 is a common year starting on Friday (link will take you to calendar). ...


The Dominican Republic, in 1845, put into force the original Napoleonic code, in French language (a translation in Spanish was published in 1884). 1845 was a common year starting on Wednesday (see link for calendar). ... Year 1884 (MDCCCLXXXIV) was a leap year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a leap year starting on Sunday of the 12-day-slower Julian calendar). ...


In 1852, Peru promulgated its own civil code (based on a project of 1847), which was not a simple copy or imitation of the French one, but presented a more original text based on the Castillan law (of Roman origin) that was previously in force on the Peruvian territory. 1852 was a leap year starting on Thursday (see link for calendar). ... 1847 was a common year starting on Friday (see link for calendar). ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ...


Chile promulgated its civil code in 1855, an original work in confront with the French code both for the scheme and for the contents (similar to the Castillan law in force in that territory) that was written by Andrés Bello (begun in 1833). This code was integrally adopted by Ecuador in 1858; El Salvador in 1859; Venezuela in 1862 (only during that year); Nicaragua in 1867; Honduras in 1880 (until 1899, and again since 1906); Colombia in 1887; and Panama (after its separation from Colombia in 1903). Year 1855 (MDCCCLV) was a common year starting on Monday (link will display the full calendar) of the Gregorian Calendar (or a common year starting on Saturday of the 12-day slower Julian calendar). ... Andrés Bello (Caracas, Venezuela, November 11, 1781 - Santiago, Chile, October 15, 1865), Venezuelan humanist, poet, lawmaker, philosopher, educator and philologist, whose work constitutes an important part of Spanish American culture. ... Year 1833 (MDCCCXXXIII) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian Calendar (or a common year starting on Sunday of the 12-day slower Julian calendar). ... Year 1858 (MDCCCLVIII) was a common year starting on Friday (link will display the full calendar) of the Gregorian Calendar (or a common year starting on Wednesday of the 12-day slower Julian calendar). ... Year 1859 (MDCCCLIX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Thursday of the 12-day slower Julian calendar). ... This article is about 1862 . ...


In 1865, the Canadian province of Quebec promulgated the Code Civil du Bas-Canada (or Civil Code of Lower Canada). It was replaced in 1991 by a new Civil Code of Quebec, which came into effect in 1994. Canada consists of ten provinces and three territories. ... This article is about the Canadian province. ... Civil Code of Lower Canada was the civil code in force in Lower Canada from 1865 to 1867 and in Quebec from 1867 to 1994. ... The Civil Code of Québec (Code civil du Québec) is the civil code in force in the province of Quebec, Canada. ...


Uruguay promulgated its code in 1868, and Argentina in 1869 (work by Dalmacio Vélez Sársfield). Paraguay adopted its code in 1987, and in 1877 Guatemala adopted the Peruvian code of 1852. Dalmacio Vélez Sársfield (born in Amboy, Valle de Calamuchita, Córdoba, on February 18, 1801; died in Buenos Aires on June 30, 1875) was an Argentine lawyer and politician. ...


Nicaragua in 1904 replaced its civil code of 1867 by adopting the Argentine code. In 1916 Brazil enacted its civil code (project of Clovis Bevilacqua, after rejecting the project by Teixeira de Freitas that was translated by the Argentines to prepare their project), that entered into effect in 1917 (in 2002, the Brazilian Civil Code was replaced by a new text). Brazilian Civil Code of 1916 was considered, by many, as the last code of the 19th century despite being adopted in the 20th century. The reason behind that is that the Brazilian Code of 1916 was the last of the important codes from the era of codifications in the world that had strong liberal influences, and all other codes enacted thereafter were deeply influenced by the social ideals that emerged after World War I and the Soviet Socialist Revolution. Teixeira de Freitas is a city in the extreme south of the Brazilian state of Bahia, on the edge of highway BR-101, and is one of the largest cities in that state with a population estimated as of 2004 at 118,681 inhabitants. ...


Panama in 1916 decided to adopt the Argentine code, replacing its code of 1903.


Civil codes in Asia

Many legal systems in Asia are within the civil law tradition and have enacted a civil code; that is the case of Japan, Korea, Taiwan, the Phillipines and Macau.


Contents of a civil code

A typical civil code deals with the fields of law known to the common lawyer as law of contracts, torts, property law, family law and the law of inheritance. Commercial law, corporate law and civil procedure are usually codified separately. A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This article or section does not cite any references or sources. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... This article or section does not adequately cite its references or sources. ... Commercial law (sometimes known as business law) is the body of law which governs business and commerce. ... Corporations law or corporate law is the law concerning the creation and regulation of corporations. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ...


The older civil codes such as the French, Egyptian, and Austrian ones are structured under the Institutional System of the Roman jurist Gaius and generally have three large parts: For other uses, see Roman Empire (disambiguation). ... Gaius was a celebrated Roman jurist. ...

  • Law of Persons (personae)
  • Law of Things (res)
  • Issues common to both parts (actiones).

The newer codes such as the ones of Germany, Switzerland and Portugal are structured according to the Pandectist System: Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... Pandects (Lat. ...

  • General part
  • Law of Obligation
  • Law of Real Rights
  • Family Law
  • Law of Inheritance

The civil code of the state of Louisiana, following the institutions system, is divided into five parts: The Law of Obligations is one of the component private law elements of the civil law system of law (as well as of mixed legal systems, such as Scotland, South Africa, and Louisiana) and encompasses contractual obligations, quasi-contractual obligations such as enrichment without cause and extra-contractual obligations. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... This article is about the U.S. State. ...

  • Preliminary Title
  • Of Persons
  • Things and Different Modifications of Ownership
  • Of Different Modes of Acquiring the Ownership of Things
  • Conflict of Laws

Pandectism also had an influence on the earlier codes and their interpretation. For example, Austrian civil law is typically taught according to the Pandect System (which was devised by German scholars in the time between the enactment of the Austrian and the German Codes), even though this is not consistent with the structure of the Code.


Important civil codes

Civil Codes with Year of Enactment (codes written in bold letters are still in force):

  1. ^ The Code was enacted in 1855, but came into force on 1 January 1857.

  Results from FactBites:
 
Civil code - Wikipedia, the free encyclopedia (1325 words)
The first civil code promulgated in America was that of Louisiana of 1804, inspired by the 1800 project of the French civil code, known as the Projet de l'an VIII (project of the 8th year); nevertheless, in 1808 a Digeste de la loi civile was sanctioned.
Chile promulgated its civil code in 1855, an original work in confront with the French code both for the scheme and for the contents (similar to the Castillan law in force in that territory) that was written by Andrés Bello (begun in 1833).
Paraguay adopted the Argentine code in 1876, and in 1877 Guatemala adopted the Peruvian code of 1852.
Lexinfosys - Bremen (17102 words)
Rules of the Code obligatory for the parties to a contract on the bases, consequences, and procedure for rescission of contracts of individual types shall be applied also to contracts that continue to be in effect after the putting of the Code into effect regardless of the date of their making.
Registration of acts of civil status shall be done by the agencies of registration of acts of civil status by entry of the respective records in the books of registration of acts of civil status (the books of acts) and issuance to citizens of certificates on the basis of these records.
The annulment and reinstatement of records of acts of civil status shall be done by the agency of registration of acts of civil status on the basis of a decision of a court.
  More results at FactBites »

 
 

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