Civil law codes
The two most
influential civil
codes in the world?
Who follows
(2) Nature of rules
(1)
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 codes
French Civil Code
I. Persons
II. Property
III. Ways one acquires
property
Jean-Étienne-Marie Portalis
German Civil Code
I. General part
II. Law of obligations
III. Law of property
IV. Family law
V. Law of succession
French Civil Code
Coverage?
A.
Civil rights
B.
Political rights
C.
Rights in private
relationships
D.
Respect for human body
E.
Right of privacy
French Civil Code
Coverage?
A.
Civil rights
B.
Political rights
C.
Rights in private
relationships
D.
Respect for human body
E.
Right of privacy
French Civil Code
Family law rules?
1.
Divorce is “effective end
of marriage relationship”
2.
Sperm donor cannot be
subject to paternity suits
3.
Surrogate mother loses
maternal rights if gives
consent before notary
4.
Illegitimate children have
no rights
French Civil Code
Family law rules?
1.
Divorce if “effective end
of marriage relationship”
2.
Sperm donor cannot be
subject to paternity suits
3.
Surrogate mother loses
maternal rights if gives
consent before notary
4.
Illegitimate children have
no rights
French Civil Code
Property rights?
1.
Types of property are
immovables and movables
2.
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 Code
Property rights?
1.
Types of property are
immovables and movables
2.
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 Code
Succession?
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 Code
Succession?
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 Code
Torts?
1.
2.
3.
4.
“Obligations that arise
without contracts”
The rules on torts are
essentially unchanged since
1804
The Civil Code requires the
purchase of insurance by
those in dangerous
occupations
Parents can be liable for the
torts of their children
French Civil Code
Torts?
1.
2.
3.
4.
“Obligations that arise
without contracts”
The rules on torts are
essentially unchanged since
1804
The Civil Code requires the
purchase of insurance by
those in dangerous
occupations
Parents can be liable for the
torts of their children
French Civil Code
Contracts / 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 Code
Contracts / 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 Code
Companies?
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 Code
Companies?
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 codes
Why do civil codes survive “war, revolution,
political dismemberment”?
In fact, why are civil codes more
permanent than constitutions?
What is “decodification”?
German Civil Code
I.
II.
III.
IV.
V.
General part
Law of
obligations
Law of property
Family law
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 Code
Juristic person?
1.
Association
2.
Foundation
3.
Partnership
4.
Close corporation
5.
Public corporation
German Civil Code
Juristic person?
1.
Association
2.
Foundation
3.
Partnership
4.
Close corporation
5.
Public corporation
German Civil Code
Obligations?
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 Code
Obligations?
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 Code
Obligations?
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 Code
More 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 Code
More 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 Code
Family 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 Code
Family 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 Code
Successions?
1.
The BGB lays out the order of
succession
2.
There is no recognition of wills
3.
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 Code
Successions?
1.
The BGB lays out the order of
succession
2.
There is no recognition of wills
3.
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)