NAPOLEONIC CODE: BACKGROUND, CHARACTERISTICS, OBJECTIVES - HISTORY - 2025

The Napoleonic Code was the Civil Code created in France after Napoleon Bonaparte took power. At that time the country did not have a single legislation on the matter, but several legal corpus coexisted depending on the area. It was approved in 1804 and came into force three years later.

The triumph of the French Revolution not only meant a change of government, but also modified the ideological bases on which it was based. Faced with previous absolutism, the revolutionaries, following the ideas of the Enlightenment, sought to create a State under the premises of freedom and equality.

Source: DerHexer, Wikimedia Commons, CC-by-sa 4.0, from Wikimedia Commons

Despite the apparent contradiction with his way of governing, Napoleon followed those revolutionary ideals and tried to translate them into the civil code that bears his name. Among its most important objectives was to legally put an end to the absolutist system and feudalism.

The current French Civil Code, although modified in many aspects, is still the Napoleonic one. It also spread throughout Europe with the conquests of the Emperor, in addition to being adopted by African and Asian countries.

Background

When General Napoleon Bonaparte took power in France, he decided to change the laws that, until then, were in force in the country. After the Revolution, some attempts had been made, but they were unsuccessful.

The task began in 1800 and was entrusted to a Commission created for it. The works lasted four years until, in 1804, the new Civil Code was approved. Thanks to this legislation, post-revolutionary France modernized its laws, leaving behind feudalism and absolutism.

The members of the Commission were based on Roman Law, adapting it to the new situation created after the Revolution.

Background in other countries

The Napoleonic Code, although it was the most important, was not the first in Europe that tried to collect the new humanist ideas that were running through the continent.

A good example was the three Codes promulgated in Bavaria in the mid-18th century. Although they were more advanced than the previous ones, they continued to legitimize the absolutist monarchy.

Somewhat later in 1795, the Prussian Code came into being, greatly influenced by the ideas of the Enlightenment. However, like the previous ones, it did not include any type of legislation that promoted equality. Not surprisingly, Prussia was an absolutist monarchy and, therefore, unequal from its inception.

The revolution

Without the French Revolution it would not have existed in the Napoleonic Code. Not only because of the overthrow of the monarchy, but because it meant the triumph of enlightened ideals.

Thus, the revolutionaries had as their motto the proclamation "liberty, equality and fraternity" and, despite the times of Terror and other excesses, they tried to put those principles into law.

Another aspect linked to the revolution was the secularism of the State. The enlightened already declared the superiority of Reason as the guide of the human being, leaving religious beliefs in the private sphere.

Previous attempts

After the triumph of the revolutionaries and before being executed, Louis XVI had approved a law of judicial order in 1791 that tried to simplify the great variety of laws that existed in the country. The same attempts were made in 1793, with the Republican Constitution. However, in practice the situation was the same.

Before the Napoleonic Code, some projects were presented to create a Civil Code. There were attempts in 1793, 1794, and 1796. Neither was able to achieve sufficient consensus to pass.

Napoleon

Napoleon Bonaparte came to power in a coup at the end of the century. His biography is well known, especially in the military. He managed to form an empire in a few years, conquering much of Europe.

However, his role as a ruler is often neglected. Although it may seem incoherent due to his despotic way of ruling, Napoleon was responsible for taking revolutionary ideas to the rest of the continent and leaving them reflected in the laws he promulgated.

When he came to power, Bonaparte undertook the task of giving stability to his country, devastated after years of internal fighting. One of his purposes was to make France a strong and united nation and, for this, he needed a unified and solid legal system.

The Commission

To elaborate the Napoleonic Code, the future Emperor summoned a Commission of experts in law. The assignment was to reorder the entire legal system in France.

One of the most prominent members of the Commission was Cambaceres, a jurist and politician who had participated in previous attempts to create a reunified Civil Code. Along with him, Portalis, a member of the Court of Cassation, stood out.

characteristics

The Napoleonic Code was published on March 21, 1804. Its content consolidated the laws enacted after the Revolution of 1789, apart from granting legal stability to the country. However, the most important consequence was that, with its approval, the abolition of the Old Regime was legally consolidated.

The main basis of this Civil Code were the revolutionary principles of liberty, equality and fraternity. From that moment on, the autonomy and freedom of the individual were converted into the center of the legal order.

Rights unit

The Napoleonic Code declared that all the inhabitants of the nation were under the same law. Before its promulgation, the provinces to the north of Paris were governed by the Germanic legislative corpus, while those to the south followed Roman Law.

Legal source unit

The legal source, that is, the competent authority, is the only one that has the power to legislate. For their part, the courts only have the function of interpreting the laws.

Independence of justice

As the philosophers of the Enlightenment, such as Montesquieu, had established, the powers of the State become separated from each other so that there would be no interference. Thus, the separation between the executive, legislative and judicial powers is established.

Evolution of law

Faced with the claim of eternity of absolutist laws, the Napoleonic Code affirmed that the law had to adapt to different times and to changes in ways of thinking.

Specificity of the codes

The Codes should not be general. Each one has to take charge of a different branch: civil, criminal, commercial, criminal, etc.

The Napoleonic, based on ancient Roman Law, has a structure divided into three books. The first one is dedicated to individual law and family relationships.

The second, for its part, is responsible for regulating the right to things and property. Finally, the third party regulates the different ways of acquiring property (inheritances, contracts, etc.).

Principle of secularism

It establishes the absolute separation between the State and the Church, especially in the field of law. In this way, civil law becomes independent from canon law.

Validation of laws

So that the laws can begin to be applied, it is mandatory that they follow the corresponding process: promulgation, publication and information to the population.

Law writing

Laws must be in writing and, according to the Napoleonic Code, be clear enough for citizens to understand.

Individual property

The French Civil Code eliminated the possibility of real estate owned by institutional communities of neighbors, trades or others. Only individual properties were valid.

Freedom of work

It is established that employment contracts must be based on the free will of the employer and the workers.

Marriage

In this regard, the Napoleonic Code undoubtedly collected the customs of the time. He recovered in concept of paternal authority and the woman was under the tutelage of the husband. The latter implied that women could not exercise legal or civil acts without being authorized by their husband.

The Code also regulated divorce. It could be carried out for some specific reasons or by mutual agreement.

Inheritances

The inheritances began to be distributed equally among all the successors. This meant that the figure of the sole heir disappeared, which could be the first-born son or daughter. From that moment on, all children were considered equal.

goals

The main objective of the Napoleonic Code was, without doubt, to end the old feudal and absolutist laws. Instead, it relied on individual freedoms, also leaving behind the influence of the Catholic Church.

Legislative unification

The French legislative situation prior to the Revolution was very chaotic. There was no unified law, but a tangle of different jurisdictions, laws and laws coexisted. There was no legal unit in the entire territory and each estate was governed by different rules.

The Napoleonic Code set itself the objective of ending this situation. Bonaparte wanted to strengthen France, unifying it in all respects. Legislation was one of the most important fields for them.

Secularism

Both enlightened philosophers and revolutionaries and, obviously, Napoleon himself, had as a priority to separate the State from the Church. It should not be forgotten that the absolutist kings used to use religion as a legitimizer of their power, in addition to the fact that the clergy belonged to the higher social classes.

Importance

The Napoleonic Code marked a before and after in civil legislation in the world. As noted above, the current French Civil Code remains the same, although it has been modified on many occasions to adapt it to the social reality of each moment.

With the conquests of Napoleon himself, his Code spread throughout much of Europe. It was, in addition, the basis of other legislative bodies in countries that faced absolutism. Finally, it also reached Africa, Latin America or United States territories, such as Louisiana.

Rise of the bourgeoisie

One of the consequences of this Code was to legitimize the rise of the bourgeoisie. His laws favored private property, equality and freedom, both individual and economic.

All of the above meant that the bourgeoisie could no longer have fewer rights than the nobility and that their economic activities were regulated and could be freely exercised.

Emergence of new ideas

Although indirectly, the French Civil Code ended up contributing to the emergence of new ideologies. As an example, one can point to nationalism. Citizens cease to be subjects and become members of a nation.

References

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2. Jiménez, A. Napoleon's Code. Obtained from leyderecho.org
3. EcuRed. Civil Code (France). Obtained from ecured.cu
4. The Editors of Encyclopaedia Britannica. Napoleonic Code. Retrieved from britannica.com
5. Wilde, Robert. A History of the Napoleonic Code / Code Napoleon. Retrieved from thoughtco.com
6. AncientPages. Napoleonic Code: Why Was One Of The Most Influential Legal Codes Flawed. Retrieved from ancientpages.com
7. The Napoleon Series. The Civil Code. Retrieved from napoleon-series.org
8. Gale, Thomson. Napoleonic Code. Retrieved from encyclopedia.com