The Napoleonic Code (French: Code Napoléon), officially the Civil Code of the French (French: Code civil des Français; simply referred to as Code civil), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since its inception. Although Napoleon himself was not directly involved in the drafting of the Code, as it was drafted by a commission of four eminent jurists, he chaired many of the commission's plenary sessions, and his support was crucial to its enactment.
The code, with its stress on clearly written and accessible law, was a major milestone in the abolition of the previous patchwork of feudal laws. Historian Robert Holtman regards it as one of the few documents that have influenced the whole world.
The Napoleonic Code was not the first legal code to be established in a European country with a civil-law legal system; it was preceded by the Codex Maximilianeus bavaricus civilis (Bavaria, 1756), the Allgemeines Landrecht (Prussia, 1794), and the West Galician Code (Galicia, then part of Austria, 1797). It was, however, the first modern legal code to be adopted with a pan-European scope, and it strongly influenced the law of many of the countries formed during and after the Napoleonic Wars. The Napoleonic Code influenced developing countries outside Europe attempting to modernize and defeudalize their countries through legal reforms, such as those in the Middle East, while in Latin America the Spanish and Portuguese had established their own versions of the civil code.
The categories of the Napoleonic Code were not drawn from earlier French law, but instead from Justinian's sixth-century codification of Roman law, the Corpus Juris Civilis, and within it, the Institutes. The Institutes divide into the law of:
Similarly, the Napoleonic Code divided the law into four sections:
civil procedure (moved into a separate code in 1806).
Before the Napoleonic Code, France did not have a single set of laws; law consisted mainly of local customs, sometimes officially compiled in "custumals" (coutumes), notably the Custom of Paris. There were also exemptions, privileges, and special charters granted by kings or other feudal lords. With the Revolution, the last vestiges of feudalism were abolished.
Specifically, as to civil law, the many different bodies of law used in different parts of France were to be replaced by a single legal code. The Constituent Assembly on 5 October 1790 voted for a codification of French laws, the Constitution of 1791 promised one, and the National Assembly adopted a unanimous resolution on 4 September 1791 providing that "there shall be a code of civil laws common for the entire realm." However, it was the National Convention in 1793 which established a special commission headed by Jean-Jacques-Régis de Cambacérès to oversee the drafting process.
His drafts of 1793 (for which Cambacérès had been given a one month deadline), 1794, and 1796 were all rejected by a National Convention and the French Directory of the time was more preoccupied with the turmoil resulting from various wars and strife with other European powers. The first draft contained 719 articles and was very revolutionary, but was rejected for being too technical and criticized for not being radical or philosophical enough. The second, with only 297 articles, was rejected for being too brief and was criticized for being a mere manual of morals. The third, expanded to 1,104 articles, was presented under the conservative Directory regime, but never even came up for discussion.
Another commission, established in December 1799 established a fourth outline drafted in part by Jean-Ignace Jacqueminot (1754–1813). Jacqueminot's draft, the so-called loi Jacqueminot, dealt almost exclusively with persons and emphasized the need to reform the divorce laws, to strengthen parental authority and increase the testator's freedom to dispose of the free portion of his estate. It was rejected.
Napoleon's victory at the Battle of Marengo allowed him to consolidate his power in France. Returning to Paris, he appointed on 12 August 1800 a commission of distinguished jurists and politicians, including Jacques de Maleville, François Denis Tronchet, Félix-Julien-Jean Bigot de Préameneu, Jean-Étienne-Marie Portalis to draft a civil code. For this commission, Cambacérès (now Second Consul), and Napoleon himself chaired the plenary sessions. After this process finished, the Code was sent to the Legislative Body as a preliminary bill in December 1801, where it was rejected by a vote of 142 to 139. In response, Napoleon announced on 2 January 1802 that he was suspending all projects, effectively closing the assemblies' sessions; simultaneously, he went to the Sénat conservateur to berate its members. These tactics cowed the legislature into submission, and gave Napoleon the majority he needed. The code finally came into effect on 21 March 1804.
The process developed mainly out of the various customs, but was inspired by Justinian's sixth-century codification of Roman law, the Corpus Juris Civilis and, within that, Justinian's Code (Codex). The Napoleonic Code, however, differed from Justinian's in important ways:
It incorporated all kinds of earlier rules, not just legislation
It was not a collection of edited extracts, but a comprehensive rewrite
Its structure was much more rational
It was written in the vernacular
The Napoleonic Code marked a fundamental change in the nature of the civil law legal system, making laws clearer and more accessible. It also superseded the former conflict between royal legislative power and, particularly in the final years before the Revolution, protests by judges representing views and privileges of the social classes to which they belonged. Such conflict led the Revolutionaries to take a negative view of judges making law.
This is reflected in the Napoleonic Code provision prohibiting judges from deciding a case by way of introducing a general rule (Article 5), since the creation of general rules is an exercise of legislative and not of judicial power. In theory, there is thus no case law in France. However, the courts still had to fill in the gaps in the laws and regulations and, indeed, were prohibited from refusing to do so (Article 4). Moreover, both the code and legislation have required judicial interpretation. Thus a vast body of case law has come into existence, but without any rule of stare decisis.