The Civil Code Index (original) (raw)
Napoleon in later life considered the Civil Code to be the most significant of his achievements. The Code represented a comprehensive reformation and codification of the French civil laws. Under the ancien regime more than 400 codes of laws were in place in various parts of France, with common law predominating in the north and Roman law in the south. The Revolution overturned many of these laws. In addition, the revolutionary governments had enacted more than 14,000 pieces of legislation. Five attempts were made to codify the new laws of France during the periods of the National Convention and the Directory. Through the efforts of Napoleon the drafting the new Civil Code in an expert commission, in which Jean-Etienne-Marie Portalis took a leading role, took place in the second half of 1801. Napoleon attended in person 36 of the commission's 87 meetings. Although the draft was completed at the end of 1801, the Code was not published until 21 March 1804. The Civil Code represents a typically Napoleonic mix of liberalism and conservatism, although most of the basic revolutionary gains - equality before the law, freedom of religion and the abolition of feudalism - were consolidated within its laws. Property rights, including the rights of the purchasers of the biens nationaux were made absolute. The Code also reinforced patriarchal power by making the husband the ruler of the household. The Napoleonic Code was to be promulgated, with modifications, throughout the Empire. The Civil Code was followed by a Code of Civil Procedure in 1806, a Commercial Code in 1807, a Criminal Code and Code of Criminal Procedure in 1808 and a Penal Code in 1810. A Rural Code was debated, but never promulgated. The Code Napoleon, renamed the Civil Code, was retained in its majority after the restoration of the Bourbons in 1815. The Civil Code has served as the model for the codes of law of more than twenty nations throughout the world.
PRELIMINARY TITLE. OF THE PUBLICATION, EFFECT, AND APPLICATION OF THE LAWS IN GENERAL
BOOK I. Of Persons.
TITLE I. OF THE ENJOYMENT AND PRIVATION OF CIVIL RIGHTS
CHAPTER I. Of the enjoyment of civil rights
CHAPTER II. Of the privation of civil rights
Section 1. Of the privation of civil rights by the loss of the quality of Frenchman
Section 2. Of the privation of civil rights in consequence of judicial proceedings
TITLE II. OF ACTS BEFORE THE CIVIL AUTHORITIES
CHAPTER 1. General ordinance
CHAPTER II. Of acts of birth
CHAPTER III. Of acts of marriage
CHAPTER IV. Of acts of decease
CHAPTER V. Of acts of tbe civil power regarding the military out of the territory of the republic
CHAPTER VI. Of the amendments of acts of a civil nature
TITLE III. OF DOMICIL
TITLE IV. OF ABSENT PERSONS
CHAPTER I. Of presumption of absence
CHAPTER II. Of the declaration of absence
CHAPTER III. Of the effects of absence
Section 1. Of the effects of absence, as respects the property possessed by the absentee at the date of his disappearance
Section 2. Of the effects of absence with regard to eventual rights which may belong to the absentee
Section 3. Of the effects of absence, as they relate to marriage
CHAPTER IV. Of tbe superintendence of minors whose father has disappeared
TITLE V. OF MARRIAGE
CHAPTER I. Of the qualities and conditions required in order to be able to contract marriage
CHAPTER II. Of the formalities relative to the celebration of marriage
CHAPTER III. Of oppositions to marriage
CHAPTER IV. Of petitions for nullity of marriage
CHAPTER V. Of the obligations accruing from marriage
CHAPTER VI. or the respective rights and duties of married persons
CHAPTER VII. Of the dissolution of marriage
CHAPTER VIII. Of second marriages
TITLE VI. OF DIVORCE
CHAPTER I. Of the causes of divorce
CHAPTER II. Of the divorce for cause determinate
Section 1. Of the forms of the divorce for cause determinate
Section 2. Of the provisional measures to which the petition for divorce for cause determinate may give rise
Section 3. Of exceptions at law against the suit for divorce for cause determinate
CHAPTER III. Of divorce by mutual consent
CHAPTER IV. Of the effects of divorce
CHAPTER V. Of the separation of persons
TITLE VII. OF PATERNITY AND FILIATION
CHAPTER I. Of the filiation of legitimate children, or those born in marriage
CHAPTER II. Of the proofs of the filiation of legitimate children
CHAPTER III. Of natural children
Section 1. Of the legitimation of natural children
Section 2. Of the acknowledgment of natural children
TITLE VIII. OF ADOPTION AND FRIENDLY GUARDIANSHIP
CHAPTER I. Of adoption
Section 1. Of adoption and its effects
Section 2. Of the forms of adoption
CHAPTER II. Of friendly guardianship
TITLE IX. OF PATERNAL POWER
TITLE X. 0F MINORITY, GUARDIANSHIP, AND EMANCIPATION
CHAPTER I. Of minority
CHAPTER II. Of guardianship
Section 1. Of the guardianship of father and mother
Section 2. Of the guardianship appointed by the father or mother
Section 3. Of the guardianship of ancestors
Section 4. Of guardianship appointed by the family council
Section 5. Of the supplementary guardian
Section 6. Of the causes which excuse from guardianship
Section 7. Of incapacity, exclusion, and deprivation of guardianship
Section 8. Of the guardian's administration
Section 9. Of the accounts of the guardianship
CHAPTER III. Of emancipation
TITLE XI. OF MAJORITY, INTERDICTION, AND THE JUDICIAL ADVISER
CHAPTER I. Of majority
CHAPTER II. Of interdiction
CHAPTER III. Of the judicial adviser
BOOK II. Of Property, and the Different Modifications of Property.
TITLE I. OF THE DISTINCTION OF PROPERTY
CHAPTER I. Of immoveable property
CHAPTER II. Of moveables
CHAPTER III. Of property, with reference to those who are in the possession of it
TITLE II. OF PROPERTY
CHAPTER I. Of the right of accession over the produce of any thing
CHAPTER II. Of the right of accession over what is connected and incorporated with any thing
Section 1. Of the right of accession relatively to things immoveable
Section 2. Of the right of accession relatively to moveable property
TITLE III. OF USUFRUCT, RIGHT OF COMMON, AND OF HABITATION
CHAPTER I. Of usufruct
Section 1. Of the rights of the usufructuary
Section 2. Of the obligations of the usufructuary
Section 3. Of the manner in which usufruct is put an end to
CHAPTER II. Of common and habitation
TITLE IV. OF SERVITUDES OR MANORIAL SERVICES
CHAPTER I. Of servitudes derived from the situation of places
CHAPTER II. Of servitudes established by law
Section 1. Of the party-wall and ditch
Section 2. Of the distance and intermediary works required for certain buildings
Section 3. Of views over a neighbor's property
Section 4. Of the droppings of house-eaves
Section 5. Of the right of way
CHAPTER III. Of servitudes established by the act of man
Section 1. Of the different species of servitudes which may be established over property
Section 2. Of the mode of establishing servitudes
Section 3. Of the rights of the proprietor of the estate to which the servitude is due
Section 4. Of the manner in which servitudes are extinguished
BOOK III. Of the Different Modes of Acquiring Property.
TITLE I. OF SUCCESSIONS
CHAPTER I. Of the opening of successions and of the seisin of heirs
CHAPTER II. Of the qualities requisite to succeed
CHAPTER III. Of the different orders of succession
Section 1. General dispositions
Section 2. Of representation
Section 3. Of successions devolving upon descendants
Section 4. Of successions devolving upon ancestors
Section 5. Of collateral successions
CHAPTER IV. Of irregular successions
Section 1. Of the rights of natural children over the property of their father or mother, and of the succession to natural children dead without issue
Section 2. Of the rights of the surviving conjunct and of the republic
CHAPTER V. Of the acceptance and repudiation of successions
Section 1. Of acceptance
Section 2. Of the renunciation of successions
Section 3. Of the privilege of inventory, of its effects, and of the obligations of the beneficiary heir
Section 4. Of vacant successions
CHAPTER VI. Of division and restitution
Section 1. Of the action for division and of its form
Section 2. Of restitutions
Section 3. Of payment of debts
Section 4. Of the effects of distribution and of the warranty of the lots
Section 5. Of annulment of distribution
TITLE II. OF DONATIONS DURING LIFE AND OF WILLS
CHAPTER I. General regulations
CHAPTER II. Of the capability of disposing or of receiving by donation during life or by will
CHAPTER III. Of the disposable portion of goods, and of reduction
Section 1. Of the disposable portion of goods
Section 2. Of the reduction of donations and legacies
CHAPTER IV. Of donations during life
Section 1. Of the form of donations during life
Section 2. Of exceptions to the rule on the irrevocability of donations during life
CHAPTER V. Of testamentary dispositions
Section 1. Of general rules on the form of wills
Section 2. Of particular rules touching the form of certain wills
Section 3. Of appointment of heir, and of legacies in general
Section 4. Of the general legacy
Section 5. Of legacy by general title
Section 6. Of particular legacies
Section 7. Of testamentary executors
Section 8. Of the revocation and of the lapse of wills
CHAPTER VI. Of dispositions permitted in favor of the grand-children of the donor or testator, or of the children of their brothers and sisters
CHAPTER VII. Of distributions made by the father, mother, or other ancestors, among their descendants
CHAPTER VIII. Of donations made by the marriage-contract to the parties, and to children to he born of the marriage
CHAPTER IX. Of dispositions between married persons, either by contract of marriage, or during marriage
TITLE III. OF CONTRACTS OR CONVENTIONAL OBLIGATIONS IN GENERAL
CHAPTER I. Preliminary regulations
CHAPTER II. Of conditions essential to the Validity of agreements
Section 1. Of consent
Section 2. Of the capacity of the contracting parties
Section 3. Of the object and matter of contracts
Section 4. Of the cause
CHAPTER III. Of the effect of obligations
Section 1. General regulations
Section 2. Of the obligation of giving
Section 3. Of the obligation to do or not to do
Section 4. Of damages and interest resulting from the non-performance of the obligation
Section 5. Of the interpretation of agreements
Section 6. Of the effect of agreements as respects third persons
CHAPTER IV. Of the different species of obligations
Section 1. Of conditional obligations
1. Of conditions generally, and of their different kinds
2. Of the suspensive condition
3. Of the condition dissolutory
Section 2. Of obligations for a term
Section 3. Of alternative obligations
Section 4. Of obligations joint and several
1. Of creditors jointly and severally interested
2. Of debtors jointly and severally interested
Section 5. Of obligations divisible and indivisible
1. Of the effects of the divisible obligation
2. Of the effects of an indivisible obligation
Section 6. Of obligations with penal clauses
CHAPTER 5. Of the extinction of obligations
Section 1. Of payment
1. Of payment in general
2. Of payment with substitution
3. Of the application of payments
4. Of tenders of payment, and of deposit
5. Of the cession of property
Section 2. Of novation
Section 3. Of the remission of a debt
Section 4. Of compensation
Section 5. Of confusion
Section 6. Of the loss of the thing due
Section 7. Of the action for nullity, or for rescission of agreements
CHAPTER 6. Of the proof of obligations and of that of payment
Section 1. Of literal proof
1. Of an authentic document
2. Of an act under private signature
3. Of tallies
4. Of copies of documents
5. Of acts of recognition and confirmation
Section 2. Of testimonial proof
Section 3. Of presumptions
1. Of presumptions established by law
2. Of presumptions which are not established by law
Section 4. Of the acknowledgment of the party
Section 5. Of oath
1. Of the oath decisory
2. Of the oath officially administered
TITLE IV. OF ENGAGEMENTS WHICH ARE FORMED WITHOUT CONTRACT
CHAPTER I. Of quasi-contracts
CHAPTER II. Of crimes and quasi-crimes
TITLE V. OF THE CONTRACT OF MARRIAGE AND OF THE RESPECTIVE RIGHTS OF MARRIED PERSONS
CHAPTER I. General regulations
CHAPTER II. Of the law respecting community
Part 1. Of legal community
Section 1. Of that which composes community actively and passively
1. Of the active part of community
2. Of the passive part of community, and of actions which result therefrom against the community
Section 2. Of the administration of the community, and of the effect of the acts of either of the married parties relating to the conjugal union
Section 3. Of the dissolution of community and of some of its consequences
Section 4. Of the acceptance of community, and of the renunciation which may be made thereof, with the conditions relating thereto
Section 5. Of the distribution of the community after acceptance
1. Of the partition of the active
2. Of the passive in the community, and of contribution to debts
Section 6. Of the renunciation of community and of its effects
Regulation relative to legal community, when one of the married parties or both of them have children of previous marriages
Part 2. Of conventional community, and of agreements which may modify and even exclude legal community
Section 1. Of community confined to property acquired
Section 2. Of the clause which excludes from the community the moveable property in whole or in part
Section 3. Of the clause making moveable
Section 4. Of the article of separation of debts
Section 5. Of the power granted to the wife of resuming her contribution free and unencumbered
Section 6. Of conventional reversion (preciput)
Section 7. Of the articles by which unequal portions in the community are assigned to either of the married parties
Section 8. Of community by general title
Regulations common to the eight preceding sections
Section 9. Of agreements excluding community
1. Of the clause implying that the parties marry without community
2. Of the clause of separation of property
CHAPTER III. Of regulation of dowry
Section 1. Of settlement of dowry
Section 2. Of the rights of the husband over the property in dowry, and of the inalienable nature of the funds of the dower
Section 3. Of the restitution of dower
Section 4. Of paraphernalia Particular regulation
TITLE VI. OF SALES
CHAPTER I. Of the nature and form of sales
CHAPTER II. Who may buy or sell
CHAPTER III. Of things which may be sold
CHAPTER IV. Of the obligations of the seller
Section 1. General regulations
Section 2. Of delivery
Section 3. Of warranty
1. Of warranty in case of eviction
2. Of warranty against defects in the thing sold
CHAPTER V. Of the obligations of the purchaser
CHAPTER VI. Of the nullity and rescinding of sales
Section 1. Of the power of repurchase
Section 2. Of annulling sales for cause of injury
CHAPTER VII. Of auctions
CHAPTER VIII. Of the transfer of credits and other incorporeal rights
TITLE VII. OF BARTER
TITLE VIII. OF THE CONTRACT OF HIRING
CHAPTER I. General regulations
CHAPTER II. Of the hiring of things
Section 1. Of the rules common to leases of houses and rural property
Section 2. Of particular rules in leases
Section 3. Of the rules peculiar to farming leases
CHAPTER III. Of the hiring of labor and industry
Section 1. Of the hiring of domestics and artificers
Section 2. Of carriers by land and by water
Section 3. Of estimates and works by contract
CHAPTER IV. Of lease in cheptel
Section 1. General regulations
Section 2. Of simple cheptel
Section 3. Of cheptel by moiety
Section 4. Of cheptel given by the proprietor to his farmer or joint cultivator
1. Of cheptel given to the farmer
2. Of cheptel given to the joint cultivator
Section 5. Of the contract improperly called cheptel
TITLE IX. OF THE CONTRACT OF PARTNERSHIP
CHAPTER I. General ordinances
CHAPTER II. Of the different species of partnerships
Section 1. Of general partnerships
Section 2. Of particular partnerships
CHAPTER III. Of the engagements of partners among themselves, and with regard to third persons
Section 1. Of the engagements of partners to each other
Section 2. Of the engagements of partners with respect to third persons
CHAPTER IV. Of the different modes by which partnership is put an end to Disposition relative to commercial partnerships
TITLE X. OF LOANS
CHAPTER I. Of loan for use, or gratuitously
Section 1. Of the nature of loan for use
Section 2. Of the engagements of the borrower
Section 3. Of the engagements of the party who lends for use
CHAPTER II. Of loan for consumption, or simple loan
Section 1. Of the nature of the loan for consumption
Section 2. Of the obligations of the lender
Section 3. Of the engagements of the borrower
CHAPTER III. Of loan on interest
TITLE XI. OF DEPOSIT AND SEQUESTRATION
CHAPTER I. Of deposit in general and of its different species
CHAPTER II. Of deposit properly so called
Section 1. Of the nature and essence of the contract of deposit
Section 2. Of voluntary deposit
Section 3. Of the obligations of the depositary
Section 4. Of the obligations of the party by whom the deposit was made
Section 5. Of necessary deposit
CHAPTER III. Of sequestration
Section 1. Of the different descriptions of sequestration
Section 2. Of conventional sequestration
Section 3. Of judicial sequestration or deposit
TITLE XII. OF ALEATORY CONTRACTS
CHAPTER I. Of play and betting
CHAPTER II.
Section 1. Of the conditions requisite to the validity of the contract
Section 2. Of the effects of the contract between the contracting parties
TITLE XIII. OF PROCURATION
CHAPTER I. Of the nature and form of procuration
CHAPTER II. Of the obligations of the agent
CHAPTER III. Of the obligations of the principal
CHAPTER IV. Of the different modes in which procuration is terminated
TITLE XIV. OF SECURITY
CHAPTER I. Of the nature and extent. of security
CHAPTER II. Of the effect of security
Section 1. Of the effect of security between the creditor and the surety
Section 2. Of the effect of security between debtor and surety
Section 3. Of the effect of security between co-aurelies
CHAPTER III. Of the extinction of security
CHAPTER IV. Of legal and judicial security
TITLE XV. OF THE COMPOUNDING OF ACTIONS
TITLE XVI. OF PERSONAL ARREST IN A CIVIL MATTER
TITLE XVII. OF PLEDGING
CHAPTER I. Of pawning
CHAPTER II. Of antichresis
TITLE XVIII. OF PRIVILEGES AND MORTGAGES
CHAPTER I. General enactments
CHAPTER II. Of privileges
Section 1. Of privileges over moveables
1. Of general privileges over moveables
2. Of privileges over certain moveables
Section 2. Of privileges over immoveables
Section 3. Of privileges which extend over moveables as well as immoveables
Section 4. Of the manner in which privileges are preserved
CHAPTER III. Of mortgages
Section 1. Of legal mortgages
Section 2. Of judicial mortgages
Section 3. Of conventional mortgages
Section 4. Of the order of mortgages with regard to each other
CHAPTER IV. Of the mode of enrolment of privileges and mortgages
CHAPTER V. Of cancelling and reducing enrolments
CHAPTER VI. Of the effect of privileges and mortgages against third persons in wrongful possession
CHAPTER VII. Of the extinction of privileges and mortgages
CHAPTER VIII. Of the mode of clearing property of privileges and mortgages
CHAPTER IX. Of the mode of exonerating from mortgages, where no enrolment exist, over the property of husbands and guardians
CHAPTER X. Of the publicity of the registers, and of the responsibility of the keepers
TITLE XIX. OF FORCIBLE EJECTMENT, AND OF THE ORDER AMONG CREDITORS
CHAPTER I. Of forcible ejectment
CHAPTER II. Of the order and distribution of the price among the creditors
TITLE XX. OF PRESCRIPTION
CHAPTER I. General ordinances
CHAPTER II. Of possession
CHAPTER III. Of the causes which prevent prescription
CHAPTER IV. Of the causes which interrupt, or which Suspend the course of prescription
Section 1. Of the causes which interrupt prescription
Section 2. Of the causes which suspend the course of prescription
CHAPTER V. Of the time required in order to prescribe
Section 1. General ordinances
Section 2. Of a thirty years' prescription
Section 3. Of prescription by ten and twenty years
Section 4. Of some particular prescriptions
Bibliography
Code Napoleon; or, The French Civil Code. Literally Translated from the Original and Official Edition, Published at Paris, in 1804. By a Barrister of the Inner Temple. Translation attributed to George Spence (cf. Cushing's Anonyms: A Dictionary of Revealed Authorship and Halkett & Laing's Dictionary of Anonymous and Pseudonymous English Literature and in the Dictionary of National Biography). London: Published by William Benning, Law Bookseller, 1827. xix, 627 pages.