History of the Napoleonic Code for the Establishment of the Civil Laws

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Table of Contents

Introduction
The Napoleon Code and Establishment
The Napoleon Code, its Components and Importance
Conclusion
References

Introduction

The Napoleon code was paramount to the establishment of the civil laws that enabled France to be governed by a more unified legal system as compared to the period before the establishment of the code. The Napoleon Code was not an original document in itself because it was formed from some other laws and regulations. The Roman written law governed the southern of France which constituted of about two-fifths of French territory while customary laws were in force in the North of France (Holmberg). Other regulations existed in form of royal ordinances and legislations, and these formed the basis for the formation of the Napoleon Code. Several ordinances formed an important basis to the formulation of the law too, including the ordinance of the August 1747 on entails, the ordinance concerning maritime commerce (ordinance of August 1681) among others. These ordinances were the most important ones in the formulation of the Napoleon code. France had two systems.

Defining business operations and establishing a legal framework within which they must operate and behave, is important to regulating transactions, specifying the rights and obligations of the business organizations, as well as establishing legal channels through which business disputes would be solved. Business operations are carried out between two or more parties who have interests in the transactions. International business has emerged as a significant feature in today’s market owing to the possibilities of technology such as e-commerce, and forces such as globalization. Today, the competitive advantages of a firm over another can be defined over a range of so many issues. The business environment is characterized by cut-throat competition and observance of ethical behavior may be left at stake if no legal framework is in place to keep check of these trends. The legal framework should cover the type of businesses and transactions that must be carried, the nature of transactions, the requirements for engaging in particular businesses as well as how to solve legal disputes between companies and individuals. Business law has also evolved to cover issues in the more recent developments, such as environmental concerns on pollution. Companies are required to observe legal provisions that are aimed at reducing pollution. Other legal provisions cover strategic-legal concerns such as product safety and liability among others. The legal provisions in the international business scene have come to specify the standards and specifications which companies must meet to have their products selling in some markets. The law establishes punitive actions that must be undertaken if any company defies the provisions. Legal issues that affect the international business have focused on the product liability, market protection, among other issues. Free trade and trade restriction has become particularly of importance as far as international business.

The Napoleon Code and Establishment

The Napoleon Code was a set of civil laws that were applied to govern France. It was a widely applicable law touching all aspects of life including individual, corporate and business laws that were instrumental in regulation of relationships between entities, in the wake of diversion from the common law. It established or described the rights of obligations, contracts, torts, succession rights, among others. The importance of personal property ownership and the right to it was also included by establishment of provisions in this respect. The Code has for now been amended but has never been revised (Apple, & Robert, 1995).

Before the establishment of the Napoleon Code, France was governed by king declarations or charters and preferences, local customary law and charters and preferences by other Lords apart from the king. Thus there was no single legal code governing France, which may have sparked the desire for one. In addition, the code was established in line with the principles of revolution. There was an attempt to establish a single code to govern France during the Revolution, but with no success because of the war and unrest. The earlier attempts sought to eliminate the many legal systems established in different parts of France to replace them with a single legal system. The influence of the activities of the Revolution was evident in the Napoleon Code itself, such as the limitation of judges to make judgment over particular issues. This was as a result of judges protesting over royal decisions e.g. the excessive use of royal power. The Code established the use of the rule of law and no secret laws would be used until they were published.

The French laws during the revolution were also paramount to the establishment of the Napoleon Code. The law in practice during the revolution changed the public law and the political institutions in France. The establishment of the Napoleonic Code in the 19^th Century was instrumental to governing of individual relationships and transactions. Individual property ownership, protection of and right to personal property, and equality of people before the law were some of the advances made by the French law during the Revolution, and which were advanced by the establishment of the Napoleon Code. Feudal privileges in the system were also eliminated through the Revolutionary law. The Napoleon code is comprised of business-related regulations such as licensing for property rights, property acquisition, and personal status. The code consisted of the commercial, civil procedure as well as criminal law.

The process of codification in France was that of having a rationally organized statement of the whole field of law. The Napoleon code was initiated in this respect, and domination or rule in various territories was important to the spread of the code (Apple, & Robert, 1995). The code was highly esteemed by its initiator Napoleon who thought that it could not be blown away (Bergel, 1988). The Napoleon Code was a result of the work of four senior practitioners of law appointed by Napoleon for this work (Net Industries, 2009). The four were experienced jurists in law. The drafting of the code was systematic and organized and took about four years. The French legislative body passed the final product of the law which was termed latter as Code Civil des Français and later on called the Napoleon Code, then Code Civil.

The Napoleon Code, its Components and Importance

The Napoleon Code played an important role in the establishment of the subsequent codes in later years. From the days of the Napoleon Code, business law has developed to cover many issues affecting transactions between individuals and countries. In general, international agreements and treaties form a very substantial part of business law where countries sign to adhere to treaties, for the mutual benefit of parties to the treaties. These treaties are driven by the need for countries to become globally competitive and empower their economies. The most interesting thing about business law in the respect of agreement is that disputes can be considered as ‘breaches of contract’ rather than crimes. The Napoleon Code championed the resolution of such disputes in a civil court rather than the criminal court. The understanding of the Napoleon Code would form a crucial basis in the understanding of the resolution of international business disputes.

Today, the practice of the Napoleon Code is still evident in the business arena, as countries, companies and regions choose to establish business transactions between them. Many treaties have been formed between countries especially facilitated by the World Trade Organization. There are requirements and limitations provided by the agreements and treaties which bind nations to perform certain business transactions in certain manner, while limiting others. Because the countries sign the memorandums of understanding by will, becomes hard to consider such violations of contracts and agreements as crimes. The trade bodies established across the world have given interest in the establishment of regional governments.

The Napoleon Code was comprised of administrative as well as the commercial aspects, termed as the administrative law and commercial law respectively. Both the administrative and the commercial aspects worked hand in hand to ensure that disputes are resolved amicably. There are two major components of the commercial aspects of the Napoleon Code that formed a basis for resolution of cases between individuals and corporate world. These are the private and the public law. Private law came to exist through the law of obligation within civil legal systems such as the Napoleon Code, and it regulated relationships between individuals; while the public law governed relationships between legal persons such as non-profit organizations, business entities and individuals. The commercial law has played an important role in the regulation of the business transactions between parties in terms of contracts, hiring practices among others. The separation of the commercial law and other types of the law in Europe occurred and was allowed by the establishment of commercial courts that could deal with trade disputes (Apple, & Robert, 1995).

Contracts, which are elements of agreements especially in the business arena, represent the interests of both parties and what to be adhered to for the relationships to continue. Parties which form a contract in any law have to have a bargaining stand so that their interests will be considered. The failure of observance of the contractual elements by both parties was subject to the consideration of the civil court, which can require that the offending party be bound to pay fines, damages and other charges as may accrue to the offended party. The Napoleon Code therefore was not interested in the punishment of the parties forming the contracts than the business as well as individual interests being granted to the offended party. In addition, it was substantial to the continuation of the business relationships between the parties even if there were offenses committed by any of them. However, the contract avails means of escape from the obligations for many reasons. Incase the parties felt that they were mutually or unilaterally mistaken about the basic assumptions of the contracts, it was possible to quit from the same. Some instances would force the contract to end, such as violation of a public policy or illegality, impossibility or unwillingness to perform the contract, misrepresentation of the facts of the contracts, among others. These provisions were important aspects because the contract would allow parties willing to continue in a business relationship to end it incase they were unable or unwilling to continue.

Contracts established some form of mutual fairness and the laws relating to them have focused on this aspect. For example, in the modern scene, it is required that the parties forming a contract should be able to understand it and that the contracts would be deemed void if one of the parties was for instance incapacitated. One of the important aspects of contracts in the business arena involves the interpretation of the requirements of the contracts. The law relating to contracts in the business and other arena has focused on the interpretation of the constituents of the contracts.

The Napoleon law was a set of principles generally accepted as normative in France after the French Revolution. The Napoleon Code replaced the civil legal system that used to govern France. The Roman law formed a basis to the establishment of the code. The Roman law itself was important basis of many other laws utilized in England and Europe in general. The Roman law established a set of laws; either the common or the civil law. The Napoleon code was therefore opposed to the common law and inclined towards the civil law. The Napoleon code forms an important basis to understanding issues such as property laws and acquisition of property, protection of property in the business circles. Through the Napoleon Code, it was possible to regulate personal status, property and acquisition of property. The code was influential as it came to be copied by other countries such as German and Swiss who established their Codes.

The place of the Napoleon Code in governing business transactions cannot be ignored in the face of today’s efforts to establish a common market. Interests to establish such markets have led to economic integration of countries in common regions under agreements. Whereas the Napoleon Code seemed to govern the locality pertaining transactions and relations, International business regulations have currently no complete, united and single system of governance. Today, the place of global institutions such as the WTO in regulation of the business operations cannot be ignored. Members to these organizations are countries which have signed treaties to them. These treaties act as important elements binding the practice of the countries and the business entities to them. There are business benefits that accrue to the members when they join these organizations.

The Napoleon Code was the most influential law although it was not the first one to be established in France. The purpose of it was to reform the legal system in accordance with the Revolution (Lycos, 2009). The results of the implementation of the Napoleon Code were evident, especially in the improvement of the public service. Literacy was improved through establishment of more schools including private ones, and specialized high schools. Other important achievements included improvement of the security for harbors and canals. The code also resulted to the exportation of the Revolution ideas across the borders of France, to both neighbors and allies (Canadian Law, n.d.).

Although the Napoleon Code made substantial steps in ensuring that every person was considered equal before the law, it had some limitations on trade and personal rights. There was some discrimination in the law as compared to the current law. Provisions of the code could not allow independent participation of women in chattels or property transactions and were required to consult their husbands if they intended to do so. Under the same code, the modern day laws of divorce existed in a tightened version. The law allowed imprisonment of children for a month and allowed children could also be banned by their parents from inheritance (Moore, 1999).

Conclusion

France was governed by a non-unified legal systems and the establishment of the Napoleon Code was important for the unification of the legal systems. France was governed by customary laws, kings’ and Lords’ declaration and legislation before the establishment of the Napoleon Code. The Southern France was governed by the written Roman Laws while the Southern was governed by customary laws. In addition, there were some achievements made during the Revolution that were important to the realization of the personal property rights and ensuring that everybody was equally treated by the law. The customary laws, royal ordinances and legislation formed important basis for the establishment of the Napoleon Code. The Code was initiated by Napoleon under the basic ideas of the Revolution.

The Napoleon Code contained some important aspects governing personal as well as corporate transactions, and therefore exemplifies the modern contracts and business relations. The Napoleon Code was also based on the Roman laws which formed a basis in the formulation of the former. The Revolution law resulted in the transformation of the political institution in France as well as the public law because it resulted in the elimination of the feudal privileges, establishment of more personal rights among other changes in the legal institution. However, some lessons were also learnt during the Revolution because some people like the judges could be doubted on matters relating to formation of the law. The establishment of the commercial court in France was an important step towards the separation of the commercial laws from other types of the laws. The Napoleon code defined a set of laws that were of civil. Civil laws established civil courts where disputes such as negligence and violation of contractual agreements could be solved. This is in regarding the violations as disputes and not as crimes. The civil law encouraged business partners to commit to contracts and agreements to advance business operations as well as not bind the parties to the contracts forever if they did not benefit. Parties violating the agreement would be required to pay amounts of money in terms of damages and losses as a result of inconveniences caused to their partners.

The process of codification in France was establishment of a rationally organized statement of the whole field of law and this led to the establishment of the Napoleon Code. The code, which King Napoleon regarded as one of his greatest achievement, was copied throughout Europe in other versions of the Code.

The Napoleon code consisted of the commercial as well as the administrative aspects. The commercial law defined aspects of businesses and the relationships between legal persons, which was important towards the establishment of business transactions through contracts among other relations. The Code is evident in business circles today as countries continue to form contracts, treaties through world trade bodies, and agreements that are essential to business operations.

The Napoleon Code led to some changes and king Napoleon made advances in the establishment of the laws. However, there are complains that could be raised against the law, including the denial of exclusive rights for women to independently participate in chattels and property transactions and were required to inform their husbands. In addition, some injustices such as the parents’ power to deny the children the rights to inheritance and children imprisonment were realized. The code has been developed since then but has never been overhauled.

References

Apple, J., and Deyling, R. (1995). A primer on the Civil-Law system. Web.

Bergel, L. (1988). Principal Features and Methods of Codification, 48 La. L. Rev. 1073, 1078–79

Canadian Law. (n.d.). The Napoleonic Code (Civil Code). Web.

Lycos. (2009). Napoleonic code: The intention behind the Napoleonic. Web.

Mazeaud, H., et al. (1986) Leçons dedroit civil, no. 45. 8th ed.

Moore, Richard. (1999). Civil code or Code Napoleon. Web.

Net Industries. (2009). Napoleonic Code. Net Industries. Web.

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