A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. Private law (Civil law is that part of a Legal system that involves relationships between individuals A jurisdiction that has a civil code generally also has a code of civil procedure. The Federal Rules of Civil Procedure (FRCP are rules governing Civil procedure in United States district (federal courts that is court procedures for Civil In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code.
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The concept of codification dates back to ancient Babylon. In Law, codification is the process of collecting and restating the law of a Jurisdiction in certain areas usually by subject forming a Legal code. Babylon was a City-state of ancient Mesopotamia, the remains of which can be found in present-day Al Hillah, Babil Province, Iraq The earliest surviving civil code is the Code of Hammurabi, produced circa 1760 BC by the Babylonian king Hammurabi. The Code of Hammurabi ( Codex Hammurabi) is the best-preserved ancient Law code, created ca Babylonia was an Amorite state in lower Mesopotamia (modern southern Iraq) with Babylon as its capital Hammurabi ( Akkadian from Amorite ˤAmmurāpi, "the kinsman is a healer" from ˤAmmu, "paternal kinsman" and Rāpi The most famous ancient civil code, however, is the Corpus Juris Civilis, a codification of Roman law produced between 529-534 AD by the Byzantine emperor Justinian I, which forms the basis of civil law legal systems. The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting Flavius Petrus Sabbatius Iustinianus ( Greek: Φλάβιος Πέτρος Σαββάτιος Ιουστινιανός; known in English as Justinian I or Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world.
Other civil codes used since ancient times include various texts used in religious laws, sich as the Law of Manu in Hindu law, the Mishnah in Jewish Halakha law, the Canons of the Apostles in Christian Canon law, and arguably the Qur'an and Sunnah in Islamic Sharia law to some extent. In some Religions law can be thought of as the ordering principle of Reality; Knowledge as revealed by God defining and governing all human affairs The Manu Smriti ( Sanskrit: मनुस्मृति is a work of Hindu law and ancient Indian society Hindu law in its current usage refers to the system of personal laws (i The Mishnah or Mishna (he משנה "repetition" from the verb shanah he שנה or "to study and review" is a major work of Rabbinic Judaism Halakha ( הלכה; alternative transliterations include Halocho and Halacha) is the collective body of Jewish Religious law The Apostolic Canons or Ecclesiastical Canons of the Same Holy Apostles is a collection of ancient ecclesiastical decrees (eighty-five in the Eastern, fifty in Canon law is internal ecclesiastical law governing the Roman Catholic Church, the Eastern Orthodox churches and the Anglican Communion of churches Qur'an and Sunnah is an often quoted Islamic term regarding the sources of Islam Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law.
The idea of codification re-emerged during the Age of Enlightenment, when it was believed that all spheres of life could be dealt with in a conclusive system based on human rationality, following from the experience of the early codifications of Roman Law during the Roman Empire. The Age of Enlightenment or The Enlightenment is a term used to describe a phase in Western philosophy and cultural life centered upon the eighteenth century Rationality as a term is related to the idea of Reason, a word which following Webster's may be derived as much from older terms referring to Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting The Roman Empire was the post-Republican phase of the ancient Roman civilization, characterised by an autocratic form of government and large territorial
The first attempts at modern codification were made in the second half of the 18th century in Germany, when the states of Austria, Prussia, Bavaria and Saxony began to codify their laws. The 18th century lasted from 1701 to 1800 in the Gregorian calendar, in accordance with the Anno Domini / Common Era numbering system Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. Austria (Österreich ( officially the Republic of Austria (Republik Österreich Prussia ( Latin: Borussia, Prutenia; Prūsija Prūsija Prusy Old Prussian: Prūsa) was most recently a historic state Bavaria ( German:, with an area of 70553 Km² (27241 square miles and almost 12 The Free State of Saxony (Freistaat Sachsen ˈzaksən Swobodny Stat Sakska is the easternmost federal state of Germany. The first statute that used this denomination was the Codex Maximilianeus Bavaricus Civilis of 1756 in Bavaria, still using the Latin language. Year 1756 ( MDCCLVI) was a Leap year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Bavaria ( German:, with an area of 70553 Km² (27241 square miles and almost 12 It was followed in 1792 by a legal compilation that included civil, penal, and constitutional law, the Allgemeines Landrecht für die Preussischen Staaten (General National Law for the Prussian States) promulgated by King Frederick II the Great. Year 1792 ( MDCCXCII) was a Leap year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Leap year Frederick II (Friedrich II January 24 1712 August 17 1786) was a King of Prussia (1740&ndash1786 from the In Austria, the first step towards fully-fledged codification were the yet incomplete Codex Theresianus (compiled between 1753 and 1766), the Josephinian Code (1787) and the complete West Galician Code (enacted as a test in Galicia in 1797). Austria (Österreich ( officially the Republic of Austria (Republik Österreich Year 1753 ( MDCCLIII) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common year Year 1766 ( MDCCLXVI) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Year 1787 ( MDCCLXXXVII) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Common The West Galician code was a civil code created in the 18th century and introduced in West Galicia, an administrative region of the Habsburg Monarchy, created after Galicia (Галичина ( Halychyna) Galicja is a historical region in East Central Europe, currently divided between Poland and Ukraine, Year 1797 ( MDCCXCVII) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Common The final Austrian Civil Code (called Allgemeines bürgerliches Gesetzbuch, ABGB) was only completed in 1811 after the dissolution of the Holy Roman Empire of German Nation under the influence of the Napoleonic Wars. The Allgemeines bürgerliches Gesetzbuch ( ABGB) is the Civil Code of Austria, which was enacted in 1811 after about 40 years of preparatory works Year 1811 ( MDCCCXI) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year The Holy Roman Empire ( HRE; German Heiliges Römisches Reich (HRR, Latin Sacrum Romanum Imperium (SRI was a union of territories in The Napoleonic Wars (1803-1815 involved Napoleon's French Empire and a shifting set of European allies and opposing coalitions
Meanwhile, the French Napoleonic code (Code Civil) was enacted in 1804 after only a few years of preparation, but it was a child of the French Revolution, which is strongly reflected by its content. This article is about the country For a topic outline on this subject see List of basic France topics. The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under Year 1804 ( MDCCCIV) was a Leap year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a The French Revolution (1789–1799 was a period of political and social upheaval in the History of France, during which the French governmental structure previously an The French code was the most influential one because it was introduced in many countries standing under French occupation during the Napoleonic Wars. The Napoleonic Wars (1803-1815 involved Napoleon's French Empire and a shifting set of European allies and opposing coalitions In particular, countries such as Italy, the Benelux countries, Spain, Portugal (with the Civil Code of 1867, later replaced by the Civil Code of 1966, which is strongly influenced by the German BGB), the Latin American countries, the province of Quebec, the state of Louisiana in the United States, and all other former French colonies which base their civil law systems to a strong extent on the Napoleonic Code. Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest The Benelux is an economic union in Western Europe that includes three neighboring monarchies, '''Be'''lgium, the '''Ne'''therlands, and Spain () or the Kingdom of Spain (Reino de España is a country located mostly in southwestern Europe on the Iberian Peninsula. Portugal, officially the Portuguese Republic (República Portuguesa is a country on the Iberian Peninsula. Quebec (kwɨˈbɛk The State of Louisiana ( or, État de Louisiane, pronounced) is a state located in the southern region of the United States of America The United States of America —commonly referred to as the
In Asia, the civil code of Spain would be enforced in its colony, the Philippines, and this would remain in effect even after the end of Spanish rule until the Philippines enacted its own Civil Code in 1950 after almost fifty years of U. This article is about a type of political territory For other uses see Colony (disambiguation. The Philippines ( Filipino: Pilipinas, officially known as the Republic of the Philippines (fil ''Republika ng Pilipinas'' RP The Philippines ( Filipino: Pilipinas, officially known as the Republic of the Philippines (fil ''Republika ng Pilipinas'' RP The Civil Code of the Philippines is the product of the Codification of Private law in the Philippines. Year 1950 ( MCML) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar. S. rule.
The late 18th century and the beginning 19th century saw the emergence of the School of Pandectism, whose work peaked in the German Civil Code (BGB), which was enacted in 1900 in the course of Germany's national unification project, and in the Swiss Civil Code (Zivilgesetzbuch) of 1907. The 19th century of the Common Era began on January 1, 1801 and ended on December 31, 1900, according to the Gregorian calendar Pandects ( Lat pandectae, adapted from Gr pandektes, all-containing is a name given to a compendium or digest of Roman law The Bürgerliches Gesetzbuch (or BGB) is the Civil code of Germany. Year 1900 ( MCM) was an exceptional Common year starting on Monday (link will display the full calendar of the Gregorian calendar The Zivilgesetzbuch (ZGB german, Code civil (CC french or Codice civile (CC italian is the Swiss Civil code Year 1907 ( MCMVII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common year Those two codes had been most advanced in their systematic structure and classification from fundamental and general principles to specific areas of law (e. g. contract law, labour law, inheritance law). While the French Civil Code was structured in a "casuistic" approach attempting to regulate every possible case, the German BGB and the later Swiss ZGB applied a more abstract and systematic approach. Therefore, the BGB had a great deal of influence on later codification projects in countries as diverse as Japan, Greece, Turkey, Portugal (1966 Civil Code) and Macau (1999 Civil Code). For a topic outline on this subject see List of basic Japan topics. Greece (Ελλάδα transliterated: Elláda, historically, Ellás,) officially the Hellenic Republic (Ελληνική Δημοκρατία Turkey (Türkiye known officially as the Republic of Turkey ( is a Eurasian Country that stretches For a topic outline on this subject see List of basic Macau topics.
In Europe, apart from the common law countries of the British Isles, only Scandinavia remained untouched by the codification movement. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Terminology and usage As a cultural term "Scandinavia" has no official definition and is subject to usage by those who identify with the culture in question as well The particular tradition of the civil code originally enacted in a country is often thought to have a lasting influence on the methodology employed in legal interpretation. Scholars of comparative law and economists promoting the legal origins theory of (financial) development usually subdivide the countries of the civil law tradition as belonging either to the French, Scandinavian or German group (the latter including Germany, Austria, Switzerland, Liechtenstein, Japan, Taiwan and South Korea). Comparative law is the study of differences and similarities between the Law of different countries In Economics, the legal origins theory states that many aspects of a country's economic state of development are the result of their Legal system, most of all where Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. Austria (Österreich ( officially the Republic of Austria (Republik Österreich Switzerland (English pronunciation; Schweiz Swiss German: Schwyz or Schwiiz Suisse Svizzera Svizra officially the Swiss Confederation The Principality of Liechtenstein (Fürstentum Liechtenstein) is a tiny doubly landlocked Alpine country in Western Europe, bordered by Switzerland For a topic outline on this subject see List of basic Japan topics. Taiwan ( Taiwanese: Tâi-oân/Tāi-oân (historically 大灣/台員/大員/台圓/大圓/台窩灣 is an Island in East Asia. South Korea, officially the Republic of Korea and often referred to as Korea ( Korean: 대한민국 tɛː
The first civil code promulgated in America was that of Louisiana of 1804, inspired by the 1800 project of the French civil code, known as the Projet de l'an VIII (project of the 8th year); nevertheless, in 1808 a Digeste de la loi civile was sanctioned. The Americas are the lands of the Western hemisphere or New World, consisting of the Continents of North America and South America The State of Louisiana ( or, État de Louisiane, pronounced) is a state located in the southern region of the United States of America Year 1804 ( MDCCCIV) was a Leap year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Year -of the Julian calendar. The Gregorian calendar was 11 days ahead of the Julian calendar until Friday, but 12 days ahead since Saturday. Year 1808 ( MDCCCVIII) was a Leap year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Leap year
In the United States, codification appears to be widespread at a first glance, but American codifications are actually collections of common law rules and a variety of ad hoc statutes; that is, they do not aspire to complete logical coherence. The United States of America —commonly referred to as the For example, the California Civil Code largely codifies common law doctrine and is very different in form and content from all other civil codes. The California Civil Code, more formally known as "The Civil Code of the State of California" is a collection of civil law statutes for the State of
In 1825, Haiti promulgated a Code Civil, that was simply a copy of the Napoleonic one; while Louisiana abolished its Digeste, replacing it with the Code Civil de l'État de la Lousianne the same year. Year 1825 ( MDCCCXXV) was a Common year starting on Saturday (link will display the full calendar of the Gregorian Calendar (or a Common Haiti ( English: ˈheɪ·tiː or haɪ·ˈjiː·tiː French Haïti a·i·ti Haitian Creole: The State of Louisiana ( or, État de Louisiane, pronounced) is a state located in the southern region of the United States of America
The Mexican state of Oaxaca promulgated the first Latin American civil code in 1827, copying the French civil code. The Free and Sovereign State of Oaxaca ( Estado Libre y Soberano de Oaxaca), in Spanish phonemically /oa'xaka/ named for its largest city, is one of the Year 1827 ( MDCCCXXVII) was a Common year starting on Monday (link will display the full calendar of the Gregorian Calendar (or a Common
Later on, in 1830, the civil code of Bolivia, a summarized copy of the French one, was promulgated by Andrés de Santa Cruz. For the game see 1830 (board game. Year 1830 ( MDCCCXXX) was a Common year starting on Friday (link will display The Republic of Bolivia (República de Bolivia) named after Simón Bolívar, is a Landlocked country in central South America. Andrés de Santa Cruz y Calahumana ( December 5, 1792, La Paz, Bolivia &ndash September 25, 1865, Beauvoir France was President The latest, with some changes, was adopted by Costa Rica in 1841. Costa Rica, officially the Republic of Costa Rica ( Spanish: Costa Rica or República de Costa Rica,) is a Country in For the game see 1841 (board game. Year 1841 ( MDCCCXLI) was a Common year starting on Friday (link
The Dominican Republic, in 1845, put into force the original Napoleonic code, in French language (a translation in Spanish was published in 1884). The Dominican Republic ( Spanish: República Dominicana;) is a nation located in the Caribbean region and shares the island of Hispaniola with Year 1845 ( MDCCCXLV) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common Year 1884 ( MDCCCLXXXIV) was a Leap year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Leap year
In 1852, Peru promulgated its own civil code (based on a project of 1847), which was not a simple copy or imitation of the French one, but presented a more original text based on the Castillan law (of Roman origin) that was previously in force on the Peruvian territory. Year 1852 ( MDCCCLII) was a Leap year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Leap year Peru (Perú Piruw Piruw officially the Republic of Peru ( reˈpuβlika del peˈɾu is a country in western South America. Year 1847 ( MDCCCXLVII) was a Common year starting on Friday (link will display the full calendar of the Gregorian Calendar (or a Common Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting
Chile promulgated its civil code in 1855, an original work in confront with the French code both for the scheme and for the contents (similar to the Castillan law in force in that territory) that was written by Andrés Bello (begun in 1833). Chile, officially the Republic of Chile ( Spanish:) is a country in South America occupying a long and narrow Coastal strip wedged between the Year 1855 ( MDCCCLV) was a Common year starting on Monday (link will display the full calendar of the Gregorian Calendar (or a Common year Andrés de Jesús María y José Bello López (b Caracas, Venezuela, d Year 1833 ( MDCCCXXXIII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian Calendar (or a Common This code was integrally adopted by Ecuador in 1858; El Salvador in 1859; Venezuela in 1862 (only during that year); Nicaragua in 1867; Honduras in 1880 (until 1899, and again since 1906); Colombia in 1887; and Panama (after its separation from Colombia in 1903). For a topic outline on this subject see List of basic Ecuador topics. Year 1858 ( MDCCCLVIII) was a Common year starting on Friday (link will display the full calendar of the Gregorian Calendar (or a Common El Salvador ( República de El Salvador,) is a country in Central America. Year 1859 ( MDCCCLIX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common Venezuela (ˌvɛnəˈzweɪlə) officially the Bolivarian Republic of Venezuela (Spanish República Bolivariana de Venezuela) is a country on the Year 1862 was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common year starting on Monday Nicaragua (ˌnɪkəˈrɑgwə officially the Republic of Nicaragua () is a representative democratic republic and the largest nation in Central America Honduras in Spanish, República de Honduras) is a democratic republic in Central America. Colombia (kəˈlʌmbɪə officially the Republic of Colombia () is a country in northwestern South America. Panama, officially the Republic of Panama (República de Panamá) is the southernmost country of Central America.
In 1865, the Canadian province of Quebec promulgated the Code Civil du Bas-Canada (or Civil Code of Lower Canada). The provinces and territories of Canada combine to make up the world's second largest country in total area. Quebec (kwɨˈbɛk Civil Code of Lower Canada was the Civil code in force in Lower Canada from July 1, 1866 to June 30, 1867 and in Quebec It was replaced in 1991 by a new Civil Code of Quebec, which came into effect in 1994. The Civil Code of Québec ( Code civil du Québec) is the Civil code in force in the province of Quebec, Canada.
Uruguay promulgated its code in 1868, and Argentina in 1869 (work by Dalmacio Vélez Sársfield). Uruguay.(official full name in República Oriental del Uruguay;, Oriental Republic of Uruguay) is a country located in the southeastern part of South America For a topic outline on this subject see List of basic Argentina topics. Dalmacio Vélez Sársfield ( February 18 1801 &ndash June 30 1875) was an Argentine Lawyer and Politician who Paraguay adopted its code in 1987, and in 1877 Guatemala adopted the Peruvian code of 1852. Paraguay, officially the Republic of Paraguay ( Spanish: República del Paraguay; Guaraní: Tetã Paraguái) is one of the only Guatemala (República de Guatemala) is a country in Central America bordered by Mexico to the north and west the Pacific Ocean to the southwest
Nicaragua in 1904 replaced its civil code of 1867 by adopting the Argentine code. Nicaragua (ˌnɪkəˈrɑgwə officially the Republic of Nicaragua () is a representative democratic republic and the largest nation in Central America In 1916 Brazil enacted its civil code (project of Clovis Bevilacqua, after rejecting the project by Teixeira de Freitas that was translated by the Argentines to prepare their project), that entered into effect in 1917 (in 2002, the Brazilian Civil Code was replaced by a new text). |utc_offset = -2 to -4 |time_zone_DST = BRST |utc_offset_DST = -2 to -5 |cctld Teixeira de Freitas is a City in the extreme south of the Brazilian state of Bahia, on the edge of highway BR-101 and is one of the largest cities Brazilian Civil Code of 1916 was considered, by many, as the last code of the 19th century despite being adopted in the 20th century. The reason behind that is that the Brazilian Code of 1916 was the last of the important codes from the era of codifications in the world that had strong liberal influences, and all other codes enacted thereafter were deeply influenced by the social ideals that emerged after World War I and the Soviet Socialist Revolution.
Panama in 1916 decided to adopt the Argentine code, replacing its code of 1903. Panama, officially the Republic of Panama (República de Panamá) is the southernmost country of Central America.
Many legal systems in Asia are within the civil law tradition and have enacted a civil code; that is the case of Japan, Korea, Thailand (the Civil and Commercial Code), Taiwan, the Philippines and Macau. For a topic outline on this subject see List of basic Japan topics. Korea is a geographic area composed of two sovereign countries a civilization and a former state situated on the Korean Peninsula in East Asia. The Kingdom of Thailand (ˈtaɪlænd ราชอาณาจักรไทย, râːtɕʰa-ʔaːnaːtɕɑ̀k-tʰɑj Taiwan ( Taiwanese: Tâi-oân/Tāi-oân (historically 大灣/台員/大員/台圓/大圓/台窩灣 is an Island in East Asia. The Philippines ( Filipino: Pilipinas, officially known as the Republic of the Philippines (fil ''Republika ng Pilipinas'' RP For a topic outline on this subject see List of basic Macau topics.
A typical civil code deals with the fields of law known to the common lawyer as law of contracts, torts, property law, family law and the law of inheritance. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property is any physical or virtual entity that is owned by an individual Family law is an area of the Law that deals with family-related issues and Domestic relations including but not limited to the nature of "Heir" and "Heiress" redirect here For the men and women fragrances endorsed by Paris Hilton see Heiress (fragrance. Commercial law, corporate law and civil procedure are usually codified separately. Commercial law (sometimes known as business law) is the body of Law which governs Business and commercial transactions Corporate law (also "company" or "corporations" law is the Law of the most dominant kind of business enterprise in the modern world Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to
The older civil codes such as the French, Egyptian, and Austrian ones are structured under the Institutional System of the Roman jurist Gaius and generally have three large parts:
The newer codes such as the ones of Germany, Switzerland and Portugal are structured according to the Pandectist System:
The civil code of the state of Louisiana, following the institutions system, is divided into five parts:
Pandectism also had an influence on the earlier codes and their interpretation. Pandects ( Lat pandectae, adapted from Gr pandektes, all-containing is a name given to a compendium or digest of Roman law The Law of Obligations is one of the component private law elements of the civil law system of Law. Family law is an area of the Law that deals with family-related issues and Domestic relations including but not limited to the nature of The State of Louisiana ( or, État de Louisiane, pronounced) is a state located in the southern region of the United States of America For example, Austrian civil law is typically taught according to the Pandect System (which was devised by German scholars in the time between the enactment of the Austrian and the German Codes), even though this is not consistent with the structure of the Code.
Civil Codes with Year of Enactment (codes written in bold letters are still in force):