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Civil law codes The two most influential civil codes in the world? (1) Who follows (2) Nature of rules
Civil law codesThe two most influential civil codes in the world?
(1) Who follows(2) Nature of rules
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 codes 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 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 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)
French Civil Code
Art. 1108 Four requisites are
essential for the validity of an agreement:
The consent of the party who binds himself;
His capacity to contract; A definite object which
forms the subject-matter of the undertaking;
A lawful cause in the obligation.
Civil law codes 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)
German BGB
§ 151. [Acceptance without declaration to the offerer] The contract is concluded by the acceptance of the offer, without the necessity that the offerer be notified of the acceptance, if such notification is not to be expected according to common usage, or if the offerer has waived it. The moment at which the offer expires is determined according to the intention of the offerer in the light of the offer or the circumstances.
Civil law codes 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 Belgium Brazil Indochina Italy Japan Netherlands Nordic
countries Northern Africa Portugal Spain Latin America Switzerland
Civil law codes Belgium(1804) Brazil Indochina Italy Japan Netherlands Nordic countries Northern Africa Portugal Spain Latin America Switzerland
Civil law codes Belgium Brazil (1916) Indochina Italy Japan Netherlands Nordic
countries Northern Africa Portugal Spain Latin America Switzerland
Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic
countries Northern Africa Portugal Spain Latin America Switzerland
Civil law codes Belgium Brazil Indochina Italy (1942) Japan Netherlands Nordic
countries Northern Africa Portugal Spain Latin America Switzerland
Civil law codes Belgium Brazil Indochina Italy Japan (Korea) Netherlands Nordic
countries Northern Africa Portugal Spain Latin America Switzerland
Civil law codes Belgium Brazil Indochina Italy Japan Netherlands
(1838 / 1967) Nordic
countries Northern Africa Portugal Spain Latin America Switzerland
Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic
countries Northern Africa Portugal Spain Latin America Switzerland
Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic
countries Northern Africa Portugal Spain Latin America Switzerland
Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic
countries Northern Africa Portugal (1867
/ 1967) Spain Latin America Switzerland
Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic
countries Northern Africa Portugal Spain (1889) Latin America Switzerland
Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic
countries Northern Africa Portugal Spain Latin America Switzerland
Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic
countries Northern Africa Portugal Spain Latin America Switzerland
(Turkey 1926)
Civil law codesFrench Civil Code
I. PersonsII. PropertyIII. Ways one acquires
property
Jean-Étienne-Marie Portalis
German Civil CodeI. General partII. Law of obligationsIII. Law of propertyIV. Family lawV. Law of succession
French Civil CodeCoverage? A. Civil rightsB. Political rightsC. Rights in private
relationshipsD. Respect for human bodyE. Right of privacy
French Civil CodeCoverage? A. Civil rightsB. Political rightsC. Rights in private
relationshipsD. Respect for human bodyE. Right of privacy
French Civil CodeFamily law rules? 1. Divorce is “effective end
of marriage relationship”2. Sperm donor cannot be
subject to paternity suits3. Surrogate mother loses
maternal rights if gives consent before notary
4. Illegitimate children have no rights
French Civil CodeFamily law rules? 1. Divorce if “effective end
of marriage relationship”2. Sperm donor cannot be
subject to paternity suits3. Surrogate mother loses
maternal rights if gives consent before notary
4. Illegitimate children have no rights
French Civil CodeProperty rights?1. Types of property are
immovables and movables2. Usufruct is the right for life to
enjoy property and proceeds (like life estate)
3. Use is right to use property, but not proceeds
4. Condos, important in France, are not regulated in Civil Code
French Civil CodeProperty rights?1. Types of property are
immovables and movables2. Usufruct is the right for life to
enjoy property and proceeds (like life estate)
3. Use is right to use property, but not proceeds
4. Condos, important in France, are not regulated in Civil Code
French Civil CodeSuccession? 1. The first topic of Book III is
successions (regulate aristrocracy)2. Individual can bequeath as
chooses, including disinheriting children
3. If person has one child, child inherits at least 50%
4. If person has two children, they inherit 75%
5. Future interests are prohibited
French Civil CodeSuccession? 1. The first topic of Book III is
successions (regulate aristrocracy)2. Individual can bequeath as
chooses, including disinheriting children
3. If person has one child, child inherits at least 50%
4. If person has two children, they inherit 75%
5. Future interests are prohibited
French Civil CodeTorts? 1. “Obligations that arise
without contracts” 2. The rules on torts are
essentially unchanged since 1804
3. The Civil Code requires the purchase of insurance by those in dangerous occupations
4. Parents can be liable for the torts of their children
French Civil CodeTorts? 1. “Obligations that arise
without contracts” 2. The rules on torts are
essentially unchanged since 1804
3. The Civil Code requires the purchase of insurance by those in dangerous occupations
4. Parents can be liable for the torts of their children
French Civil CodeContracts / sales? 1. Title passes immediately, once
there is agreement on price and object of sale
2. Title cannot, by agreement, pass at some future time
3. A promesse de vente is a sales contract
4. A lease is viewed as a type of contract, not property interest
French Civil CodeContracts / sales? 1. Title passes immediately, once
there is agreement on price and object of sale
2. Title cannot, by agreement, pass at some future time
3. A promesse de vente is a sales contract
4. A lease is viewed as a type of contract, not property interest
French Civil CodeCompanies?1. A company is association of
two or more persons to carry out business
2. A one-person company is impossible
3. Companies are governed exclusively by the Commercial Code
4. Limited liability entities are all governed by Commercial Code (LLCs, limited partnership, corporations)
French Civil CodeCompanies?1. A company is association of
two or more persons to carry out business
2. A one-person company is impossible
3. Companies are governed exclusively by the Commercial Code
4. Limited liability entities are all governed by Commercial Code (LLCs, limited partnership, corporations)
Civil law codesWhy do civil codes survive “war, revolution,
political dismemberment”?
In fact, why are civil codes more permanent than constitutions?
What is “decodification”?
German Civil CodeI. General partII. Law of
obligationsIII. Law of propertyIV. Family lawV. 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 CodeJuristic person?1. Association2. Foundation3. Partnership4. Close corporation5. Public corporation
German Civil CodeJuristic person?1. Association2. Foundation3. Partnership4. Close corporation5. Public corporation
German Civil CodeObligations?1. There is no technical
requirement of consideration
2. Notarial form is required for a unilateral gift
3. Contracts are created by mutual consent
4. The Civil Code protects tenants, discouraging new construction
5. Employment periods differ for manual and clerical workers
German Civil CodeObligations?1. There is no technical
requirement of consideration
2. Notarial form is required for a unilateral gift
3. Contracts are created by mutual consent
4. The Civil Code protects tenants, discouraging new construction
5. Employment periods differ for manual and clerical workers
German Civil CodeObligations?1. There is no technical
requirement of consideration
2. Notarial form is required for a unilateral gift
3. Contracts are created by mutual consent
4. The Civil Code protects tenants, discouraging new construction
5. Employment periods differ for manual and clerical workers (unconstitutional)
German Civil CodeMore obligations?1. The relationships of
principal and agent are treated as “mandates”
2. Civil law partnerships (not involving merchants) are regulated by BGB
3. Delicts, treated with more specificity than the French Civil Code, are viewed as a subset of obligations
4. Discovery of documents from a third-party arises only if substantive duty
German Civil CodeMore obligations?1. The relationships of
principal and agent are treated as “mandates”
2. Civil law partnerships (not involving merchants) are regulated by BGB
3. Delicts, treated with more specificity than the French Civil Code, are viewed as a subset of obligations
4. Discovery of documents from a third-party arises only if substantive duty
German Civil CodeFamily law?1. All provisions on property
are subject to principle in German Constitution: “Men and women shall have equal rights”
2. One of first things Allied Control Council did after WWII was to replace racist Nazi marriage law
3. Reflecting the value given marriage, there is only “fault” divorce
4. Married couples can by notarial agreement choose their own “property regime”
German Civil CodeFamily law?1. All provisions on property
are subject to principle in German Constitution: “Men and women shall have equal rights”
2. One of first things Allied Control Council did after WWII was to replace racist Nazi marriage law
3. Reflecting the value given marriage, there is only “fault” divorce
4. Married couples can by notarial agreement choose their own “property regime”
German Civil CodeSuccessions?1. The BGB lays out the order of
succession2. There is no recognition of wills3. There is complete freedom of
testation, thus allowing disinheritance of spouse and children
4. There are compulsory portions for surviving spouses and children
German Civil CodeSuccessions?1. The BGB lays out the order of
succession2. There is no recognition of wills3. There is complete freedom of
testation, thus allowing disinheritance of spouse and children
4. There are compulsory portions for surviving spouses and children
Civil law codes
What do the civil codes not cover?(Jordan, Kate)
How are civil codes revised? (Kate, Leslie, Jenny)
