The Code Napoleon and its Impact

University of Economics in Bratislava, Dolnozemská cesta 1 852 35 Bratislava, Faculty of applied languages
Code Napoleon and its impact on the continental legal system
Seminar paper
Iveta DrabišinováZuzana GrznárováMonika OdvarkováLenka PažmováINTRODUCTIONIt would be very hard to find a personality that played such an important role in the political affairs. The French revolution gave a chance to get on for many ambitious officers but no one was comparable to Napoleon. Later in his life, he considered the Civil Code to be the most significant of his achievements. After centuries, it is still a part of cultural heritage.
To understand the power and importance of the Napoleon´s code we attempt to describe the development and historical backgrounds of the most important milestones in France in nineteenth’s century. We deal with the Napoleon´s biography, because we considered is as an important aspect or the whole topic. The Napoleon´s code builds the basis of the French society and its roots are remarkable in other law systems of Europe. The significant role of the code in the society cannot be neglected. This work demonstrates and describes the relations between structure and composition of code in comparison with its practical application. Nowadays the influence of Napoleon´s code represents one of the essentials of the evaluation measure of society.

The Age of Napoleon
Napoleon Bonaparte:
“As the nation was perishing, I was born. Thirty thousand Frenchmen were vomited on to our shores, drowning the throne of liberty in waves of blood. Such was the odious sight which was the first to strike me.”
A great commander, workaholic genius or a vicious cynic, these are just a few expressions which describe the personality of Napoleon. He was born in 1769 at Corsica to parents of noble Italian ancestry. The nobleness of his family opened to the future commander the door into to world. Napoleon and his brothers and sisters were admitted to the best French schools so he went to a military school at Brienne. The strong and stubborn personality of the young Bonaparte showed up very early. Spurred on by his father 's death the future emperor had completed in one year a course that often took three. Later in the history, he showed it again. By his coronation, the pope lifted the crown to place it on Napoleon 's brow but Napoleon took the crown and placed it on his own head. It was the demonstration of his way of governance. The church was included in the ceremony, but everyone knew that he became Emperor, not by the grace of God, but by the dint of his own efforts. The early years of the revolution offered to young officer a wide avenue of advancement. Thereby began the career of Napoleon a quick rise. His military acting is described by many epochs – making milestones. Victory but also failure went along his struggle to win recognition. At first, he bought success, transforming his military triumph into political one, gaining the position of First Consul and then Emperor. The conclusion of various treaties that left Europe at peace enabled Bonaparte to start with the reformation of France. The proceeding contained of approaches to reform the economy and legal system but also the area of church, military, education and government. The result of it was code of laws, to be known ever after as the Code Napoleon. One of the most important documents was the Concordat. Reconciliation of the church and state allowed the believer to choose their worship and at the same time confirmed the place of Catholicism in the French culture. The ablation of corruption, centralization of economy, and improvement in the school system composed the base of the reform. The society´s arrangement changed what eventuated to the fact that advancement depended on merit and not birth.
The politicians and nobles acknowledged the existence of Napoleon´s undeniable skills as legislator and political leader. On the other side, this talent was deeply flawed and even attached supporters admit that Napoleon made mistakes. The importance of Napoleon is significant due the fact, that since his death, many towns, streets have been named after him. Napoleon Bonaparte is a proof beyond a reasonable doubt a cultural icon.
Civil Code
"My real glory is not having won forty battles; Waterloo will efface the memory of all those victories. That which nothing can efface and which will live eternally is my Code Civil." (Napoleon)
The Napoleonic Code - or Code Napoléon (originally, the Code civil des français) - is the French civil code, established under Napoleon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs should go to the most qualified.
The Napoleonic Code was founded on the premise that, for the first time in history, a purely rational law should be created, free from all past prejudices and deriving its content from 'sublimated common sense '. Its moral justification was to be found not in ancient custom or monarchical paternalism but in its conformity to the dictates of reason.
The Code had several key concepts at its core:
1. / Equality of all in the eyes of the law
2. /No recognition of privileges of birth (i.e. noble rights inherited from ancestors.)
3. / Freedom of religion
4. / Separation of the church and the state
5. / Freedom to work in an occupation of one 's choice
6. / Strengthening the family by:
-Placing emphasis on the husband and father as the head of the family
-Restricting grounds for divorce to three reasons: adultery, conviction of a serious crime, and grave insults, excesses or cruelty; however divorce could be granted by mutual agreement, as long as the grounds were kept private.
-Defining who could inherit the family property.
The Code in effect did several things. It preserved the social aims of the Revolution, protected the interests of the rising middle class and it guaranteed civil liberties. "The Code contributed greatly to Napoleon 's achievement of helping France turn away from the past. It cemented the ideas of freedom of person and of contract (including the right to enter any occupation), equality of all Frenchmen, and freedom of civil society from ecclesiastical control. As the first truly modern code of laws, the Code Napoleon for the first time in modern history gave a nation a unified system of law applicable to all citizens without distinction. By providing uniformity of laws it further promoted the national unity fostered by the Revolution. Its entire outlook gave a further impulse to the rise of the bourgeoisie. A threatened disintegration of the family under the Convention and the Directory was sharply halted, and the family once again became the most important social institution." (Holtman, 1967, P.98)
The influence of Roman law on Napoleon 's Code Civil
Whereas southern France had inherited Roman law, northern France was ruled by a system based on Teutonic customary law. The two systems were fundamentally different. The laws differed not only from province to province but from town to town.
,,There was influence of the droit ecrit, the law from the south of France based on Roman law traditions and the influence of the droit coutumier, the common law from the north of France. For instance, from the common law the Code Civil took over the transfer of ownership by the contract itself and not the sale, as it was done in Roman law.” (Stankokovic, 2005, P. 310)
Before the Revolution France did not have a unified legal system. The common law was applied in the north of the country and the written law in the south. France needed single, unified code of laws even before the collapse of the ancient regime. After the Revolution, codification was not only possible but also necessary. Powerful control groups such as the manors and the guilds had been destroyed, the secular power of the church had been suppressed, and the provinces had been transformed into subdivisions of the new national state.
,,Roman law was a subsidiary source of law implemented in the absence of other provisions. The south of France was under the influence of Roman law. After the fall of the Western Roman Empire, in the newly created early feudal states, the law was applied following the personality principle. The rulers of states published collections of Roman law for the subjugated indigenous citizenry. These collections represent the remnants of a great legal system. And it was a direct link with Roman law which had helped the survival of certain achievements of Roman law in the south of France.” (Stankovic, 2005, P. 311)

The Reforms of Napoleon and Their Impact on Europe
Napoleon Bonaparte is famous for being a brilliant general and military strategist and for his wielding power in France and over much of Europe, but not everybody knows that Napoleon really originated some important reforms. "While Napoleon is often seen in terms of his military image, he was also one of history 's great administrators. Napoleon set out to make France the greatest nation in Europe. To do this, he proposed many changes and projects, ranging from a complete re-do of the nation 's legal system, including the establishment of the civil Code Napoleon, to a massive road construction project".
What is also often overlooked in the long list of positive accomplishments by Napoleon was his education reforms. He even finalized a Concordat with the Pope which permitted the turnover of parochial schools in France to the State. This was truly a revolutionary move. After all, France was basically a Catholic nation. Moreover, another law was passed which forbad any ecclesiastic to become a teacher. That meant no more priests and nuns were teaching in so-called "public" schools, including improved secondary schools. Under Napoleon, France may well have been the first country to establish different "levels" of high schools- the so-called "lycees centrales" for high-average students, and then trade schools for education in everything from mining to astronomy. Napoleon also developed a civil code, which is still in force in France, the Code Napoleon. The civil code introduced by Napoleon at the beginning of the nineteenth century changed the political lives of all the states of continental Europe. The new Code introduced the concept of a unified, logical system based on general principles of law. For the first time, France- and eventually most of Europe- had a single civil code that could apply to all.
The Importance of the Code Napoleon
A big problem which occurred during the reign of Napoleon as Emperor was the emancipation of the European Jews in France. He invited Jewish notables from throughout France to meet in Paris to consider the problems regarding the relations of Christians and Jewish people. The result was a meeting among Jews and Christians to amicably work out some differences, concerning intermarriage, business relations and a certain freedom of worship. France led the way, and eventually this accommodation among religions spread throughout Europe. It is reported that in the ten years Napoleon ruled as Emperor of France, he actually spent time for barely three years in Paris. But "in these he remade France. He did not consider his day finished until he has read the memoranda and documents that almost daily came to him from various Departments. He was probably the best in formed ruler in history. On the military side, one of Napoleon 's accomplishments was the "downsizing" of Prussia, which had been a threat throughout central Europe. There were some other political changes made which affected adversely any pro-English sentiments in Prussia and her allies. In addition, France gained important allies in the merciless treaty forced on Austria. Now there were two kingdoms- Bavaria and Wurttemberg, which became strong French allies, as did the newly formed duchy of Baden. In other words he re-formed and reformed the political makeup of Europe. As much as Napoleon and France wanted a decade or so of peaceful coexistence, peace was seldom a stable condition. It is certainly possible, according to historians that Napoleonic France truly was on the defensive militarily. But, somehow that seemed to change with the invasion of Spain and then Napoleon 's determination to defeat Prussia, Austria and then even Russia. He even proposed and partially succeeded in what is called the Continental Blockade. Of course, as Napoleon and his armies and influence spread throughout Europe and, eventually into the disastrous invasion of Russia, he nevertheless created not just an aura of being a "freedom fighter" but someone who advocated the idea that the strength of a government should not be aristocratic but more republican, even as he permitted European monarchies to continue to rule. "Napoleon was a progressive force, establishing political stability, restoring morality, modernizing, codifying law, ending or mitigating feudalism, establishing schools, beautifying cities, encouraging science. Helped by his prodding, Europe advanced half a century during the fifteen years of his rule".
Women and the Code Napoleon
Despite many strengths, the Code had also several weaknesses, especially in relation to women and minors. Its impact on women’s rights was really great.
There are some of the ideas included in the Code:
A woman could not vote. A wife owed obedience to her husband, who had total control over their property. An unmarried woman had few rights and could not be a legal guardian or witness wills. It was easier for a man to sue for divorce on grounds of adultery, while a man had to cohabit with his mistress for two years for his wife to justify a divorce. If a man surprised his wife in bed with another man, he could kill her legally. If a woman did so, she could be tried for murder. Minors had few rights. A father even could place his child in jail for up to six months. Illegitimate children had no rights of inheritance.
Marriage
The Code introduces the idea of Community. This was the joint set of assets and liabilities in a marriage. The Code explains what was to be included in the set and what was excluded by law. The wife’s dowry was included there, but her “paraphernalia”, which means her personal property, was not. The married women could not make a donation during their lifetime without the assistance or special approval of the husband or without being authorized by law.
The husband had the power of all the property in community. However, he could not alienate or pledge the immovables and could only exchange immovables with the consent of his wife.
The parties in the Code had freedom of the social contract. On the one side, they could not act without good morals nor could they derogate from the rights given to the husband by law. On the other side, they could specify whether they wanted separation of debts or goods or both. Separation of debts meant that each parties’ liabilities remained without community, whereby the husband usually did not remain liable to his wife’s creditors. Separation of goods gave women most power. Thanks to this means she regained much of her ability to administer her own property, at least the moveable property. The question of immovable property was considered much too important and the wife could never alienate that without the consent of her husband.
It should be also mentioned that the woman never gained full control over her immovables and still had to pay one third of her income into the set of assets as the expenses of marriage.
Inheritance
Married women were unable to accept validly inheritance or donation without the authority of their husbands or without an act of law if he refused it. However, there was no difference between brother and sister in relation to inheritance from a parent. Property women could administer their moveables and paraphernalia, but their power towards donation was restricted. The Code provided a degree of freedom of contract so long as the contract did not interfere with the husband’s basic rights over immovable property.
Divorce
The husband’s adultery was not considered a reason for divorce unless he brought his mistress home. Of course, the wife’s adultery could land her in jail for up to 3 months and was certainly a ground for divorce. In this regard, the husband had the same power as over a minor.
Other reasons for divorce were introduced such as severe and grave injury, infamous punishment of one of the parties or mutual consent. However, for the last ground of divorce, several conditions had to be fulfilled: The parties had been married at least two years but no more than twenty, where the wife was no more than 45 years old but more than 21 and where the husband was at least 25. The consent of parents and other descendants of the spouses was also required.
There are some speculations that Napoleon had something of his own affairs on his mind, when introducing all these regulations.
The Code contributed to an increase of women’s rights, but a women’s liberty was still repressed. Equality could never be achieved while she did not share full rights of citizenship and property.
The Summary
To sum up, The Code Napoleon or The Civil Code had a great influence not only on France, but also on many European countries and countries in Latin America as well. Even though the Napoleonic Code was not the first civil code and did not represent the whole of his empire, it was one of the most influential. It was adopted in many countries occupied by the French during the Napoleonic Wars and thus formed the basis of the private law systems also of several European countries, such as Italy, the Netherlands, Belgium, Spain, Portugal and their former colonies. Napoleonic Code was also adopted in 1864 in Romania and is still in force now. Other codes with some influence in their own right were the Swiss, German and Austrian ones, but even there some influence of the French code can be felt, as the Napoleonic Code is considered the first successful codification. Introduction of Civil Code to France by then First Consul Napoleon Bonaparte in 1804 changed the political lives of all of the nations that adopted it either in whole or part and was the main influence behind the creation of civil codes in most of the countries of continental Europe and Latin America throughout the nineteenth century. The Code Napoleon has many strong points, but there were some weaknesses concerning women and minorities. Although it contributed to a great increase of women’s rights, but their liberty was repressed, because they could not vote and they were subordinated to the men.

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Bibliography: ww.napoloen-series.org/ins/markham/c_education_m.htmlhttp://en.wikipedia.org/wiki/Napoleonic_Codehttp://firstempire.0catch.com/Politics___Diplomacy/Code_Napoleon/code_napoleon.htmlhttp://voices.yahoo.com/the-reforms-napoleon-their-impact-europe-362909.html?cat=37STANKOVIC, Emilija. 2005. The Influence of Roman Law on Napoleon‘s Code Civil. In A Journal of Legal History. ISSN: 1021545X, 2005, p. 310-315. HOLTMAN, Robert. 1967. The Napoleonic Revolution. New York: J.B. Lippincott Company, 1967. p. 225 . ISBN 9780397471348. http://www.napoleon-series.org/research/society/c_women.html http://www.napoleon-series.org/faq/c_code.htmlhttp://www.historyguide.org/intellect/code_nap.htmlhttp://firstempire.0catch.com/Politics___Diplomacy/Code_Napoleon/code_napoleon.html