+ All Categories
Home > Documents > Civil law codes

Civil law codes

Date post: 05-Feb-2016
Category:
Upload: hachi
View: 29 times
Download: 0 times
Share this document with a friend
Description:
Civil law codes. The two most influential civil codes in the world? Who follows Nature of rules. Civil law codes. - PowerPoint PPT Presentation
49
Civil law codes The two most influential civil codes in the world? (1) Who follows (2) Nature of rules
Transcript
Page 1: Civil law codes

Civil law codesThe two most influential civil codes in the world?

(1) Who follows(2) Nature of rules

Page 2: Civil law codes

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)

Page 3: Civil law codes

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

Page 4: Civil law codes

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

Page 5: Civil law codes

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.

Page 6: Civil law codes

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.

Page 7: Civil law codes

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

Page 8: Civil law codes

Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic

countries Northern Africa Portugal Spain Latin America Switzerland

Page 9: Civil law codes

Civil law codes Belgium(1804) Brazil Indochina Italy Japan Netherlands Nordic countries Northern Africa Portugal Spain Latin America Switzerland

Page 10: Civil law codes

Civil law codes Belgium Brazil (1916) Indochina Italy Japan Netherlands Nordic

countries Northern Africa Portugal Spain Latin America Switzerland

Page 11: Civil law codes

Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic

countries Northern Africa Portugal Spain Latin America Switzerland

Page 12: Civil law codes

Civil law codes Belgium Brazil Indochina Italy (1942) Japan Netherlands Nordic

countries Northern Africa Portugal Spain Latin America Switzerland

Page 13: Civil law codes

Civil law codes Belgium Brazil Indochina Italy Japan (Korea) Netherlands Nordic

countries Northern Africa Portugal Spain Latin America Switzerland

Page 14: Civil law codes

Civil law codes Belgium Brazil Indochina Italy Japan Netherlands

(1838 / 1967) Nordic

countries Northern Africa Portugal Spain Latin America Switzerland

Page 15: Civil law codes

Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic

countries Northern Africa Portugal Spain Latin America Switzerland

Page 16: Civil law codes

Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic

countries Northern Africa Portugal Spain Latin America Switzerland

Page 17: Civil law codes

Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic

countries Northern Africa Portugal (1867

/ 1967) Spain Latin America Switzerland

Page 18: Civil law codes

Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic

countries Northern Africa Portugal Spain (1889) Latin America Switzerland

Page 19: Civil law codes

Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic

countries Northern Africa Portugal Spain Latin America Switzerland

Page 20: Civil law codes

Civil law codes Belgium Brazil Indochina Italy Japan Netherlands Nordic

countries Northern Africa Portugal Spain Latin America Switzerland

(Turkey 1926)

Page 21: Civil law codes

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

Page 22: Civil law codes

French Civil CodeCoverage? A. Civil rightsB. Political rightsC. Rights in private

relationshipsD. Respect for human bodyE. Right of privacy

Page 23: Civil law codes

French Civil CodeCoverage? A. Civil rightsB. Political rightsC. Rights in private

relationshipsD. Respect for human bodyE. Right of privacy

Page 24: Civil law codes

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

Page 25: Civil law codes

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

Page 26: Civil law codes

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

Page 27: Civil law codes

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

Page 28: Civil law codes

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

Page 29: Civil law codes

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

Page 30: Civil law codes

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

Page 31: Civil law codes

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

Page 32: Civil law codes

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

Page 33: Civil law codes

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

Page 34: Civil law codes

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)

Page 35: Civil law codes

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)

Page 36: Civil law codes

Civil law codesWhy do civil codes survive “war, revolution,

political dismemberment”?

In fact, why are civil codes more permanent than constitutions?

What is “decodification”?

Page 37: Civil law codes

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)

Page 38: Civil law codes

German Civil CodeJuristic person?1. Association2. Foundation3. Partnership4. Close corporation5. Public corporation

Page 39: Civil law codes

German Civil CodeJuristic person?1. Association2. Foundation3. Partnership4. Close corporation5. Public corporation

Page 40: Civil law codes

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

Page 41: Civil law codes

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

Page 42: Civil law codes

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)

Page 43: Civil law codes

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

Page 44: Civil law codes

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

Page 45: Civil law codes

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”

Page 46: Civil law codes

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”

Page 47: Civil law codes

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

Page 48: Civil law codes

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

Page 49: Civil law codes

Civil law codes

What do the civil codes not cover?(Jordan, Kate)

How are civil codes revised? (Kate, Leslie, Jenny)


Recommended