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Encyclopedia > Code of law

A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. Private law is that part of a legal system which is part of the jus commune that involves relationships between individuals such as the law of contract or torts as it is called in the common law and the law of obligations as it is called in civilian legal systems. ...

Contents

History

The idea of codification 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. The first attempts at codification were made in the second half of the 18th century, when the German states of Prussia, Bavaria and Saxony began to codify their laws. 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 (enachted as a test in Galicia in 1797). The final Austrian Civil Code was only completed in 1811. For linguistic codification, see codification (linguistics). ... The Age of Enlightenment refers to the 18th century in European philosophy, and is often thought of as part of a larger period which includes the Age of Reason. ... In philosophy, the word rationality has been used to describe numerous religious and philosophical theories, especially those concerned with truth, reason, and knowledge. ... (17th century - 18th century - 19th century - more centuries) As a means of recording the passage of time, the 18th century refers to the century that lasted from 1701 through 1800. ... The coat of arms of the Kingdom of Prussia, 1701-1918 The word Prussia (German: Preußen or Preussen, Polish: Prusy, Lithuanian: Prūsai, Latin: Borussia) has had various (often contradictory) meanings: The land of the Baltic Prussians (in what is now parts of southern Lithuania, the Kaliningrad exclave of Russia and... With an area of 70,553 km² (27,241 square miles) and 12. ... With an area of 18,413 km² and a population of 4. ... 1753 was a common year starting on Monday (see link for calendar). ... 1766 was a common year starting on Wednesday (see link for calendar). ... 1787 was a common year starting on Monday (see link for calendar). ... The Kingdom of Galicia and Lodomeria, or simply Galicia, was the largest and northernmost province of Austria from 1772 until 1918, with Lemberg (Lwów, Lviv) as its capital city. ... 1797 was a common year starting on Sunday (see link for calendar). ... The Allgemeines Bürgerliches Gesetzbuch (ABGB) is the Civil Code of Austria, enacted in 1811 after about 40 years of preparatory works. ... 1811 was a common year starting on Tuesday (see link for calendar). ...


Meanwhile, the French Napoleonic code 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. The French code was the most influential one and was adopted in many countries standing under French occupation during the Napoleonic Wars, but it has lasting influence much beyond that. In particular, countries such as Italy, the Benelux countries, Spain, Portugal, the Latin American countries and all former French colonies base their civil law systems to a strong extent on the Napoleonic Code. The original Napoleonic Code, or Code Napoléon (originally called the Code civil des francais, or civil code of the French), was the French civil code, established at the behest of Napoléon. ... 1804 was a leap year starting on Sunday (see link for calendar). ... The period of the French Revolution in the history of France covers the years between 1789 and 1799, in which democrats and republicans overthrew the absolute monarchy and the Roman Catholic Church was forced to undergo radical restructuring. ... The Napoleonic Wars lasted from 1804 until 1815. ... Benelux is the region of Europe comprising Belgium, the Netherlands, and Luxembourg. ... Latin America consists of the countries of South America and some of North America (including Central America and some the islands of the Caribbean) whose inhabitants mostly speak Romance languages, although Native American languages are also spoken. ...


The 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 of 1907. Those two codes had a great deal of influence on later codification projects in countries as diverse as Japan and Turkey. Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... The Bürgerliches Gesetzbuch (or BGB) was the civil code of the German Empire and continues to act as the central law for german civil law. ... 1900 is a common year starting on Monday. ... The Zivilgesetzbuch (ZGB) is the Swiss civil code. ... 1907 was a common year starting on Tuesday (see link for calendar). ...


In Europe, apart from the common law countries of the British Isles, only Scandinavia remained untouched by the codification movement. 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). This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Scandinavia is the cultural and historic region of the Scandinavian Peninsula. ... Comparative law is the study of differences and similarities between the law of different countries and, more generally, of the different legal families, the common law family, the civil law family, the socialist law and the islamic law family. ... In economics, the Legal Origins Theory states that many aspects of a countrys economic state of development are the result of their legal system, most of all where a particular country received its law from. ... Civil law is a legal system derived from Roman law and commonly used in Europe. ...


Contents of a civil code

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. Commercial law, corporate law and civil procedure are usually codified separately. A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Use of the term The concept of property or ownership has no single or universally accepted definition. ... Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to marriage, civil unions, divorce, spousal abuse, child custody and visitation, property, alimony, and child support awards, as well as child abuse issues, and adoption. ... For other uses, see inheritance (disambiguation). ... Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ... Corporations law or corporate law is the law concerning the creation and regulation of corporations. ... Civil procedure is the written set of rules that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules explain how a lawsuit must be commenced, what kind of service of process is required, the types of pleadings, motions, and...


The older civil codes such as the French and Austrian ones are stuctured under the Institutions System of the Roman jurist Gaius and generally have three large parts: Roman Empire between AD 60 and 400 with major cities. ... This article is about Gaius, the jurist. ...

  • Law of Persons (personae)
  • Law of Things (res)
  • Issues common to both parts (actiones).

The newer codes such as the ones of Germany and Switzerland are structured according to the Pandect System::

Pandectism also had an influence on the earlier codes and their interpretation. For example, Austrian civil law is typically taught according to the Pandect System (which was discovered 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. The Law of Obligations is one of the component elements of the civil law system of law and encompasses contractual obligations, quasi-contractual obligations such as unjust enrichment and extra-contractual obligations. ... Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to marriage, civil unions, divorce, spousal abuse, child custody and visitation, property, alimony, and child support awards, as well as child abuse issues, and adoption. ...


Important civil codes

Civil Codes with Year of Enactment (codes written in bold letters are still in force):

With an area of 70,553 km² (27,241 square miles) and 12. ... The Codex Maximilianeus bavaricus civilis is a civil code enacted in the Duchy of Bavaria in 1756. ... 1756 was a leap year starting on Thursday (see link for calendar). ... The coat of arms of the Kingdom of Prussia, 1701-1918 The word Prussia (German: Preußen or Preussen, Polish: Prusy, Lithuanian: Prūsai, Latin: Borussia) has had various (often contradictory) meanings: The land of the Baltic Prussians (in what is now parts of southern Lithuania, the Kaliningrad exclave of Russia and... 1792 was a leap year starting on Sunday (see link for calendar). ... The original Napoleonic Code, or Code Napoléon (originally called the Code civil des francais, or civil code of the French), was the French civil code, established at the behest of Napoléon. ... 1804 was a leap year starting on Sunday (see link for calendar). ... The Allgemeines Bürgerliches Gesetzbuch (ABGB) is the Civil Code of Austria, enacted in 1811 after about 40 years of preparatory works. ... 1812 was a leap year starting on Wednesday (see link for calendar). ... The Civil Code of Qu bec (CcQ) is the legal text defining civil laws in the province of Quebec, Canada. ... 1865 is a common year starting on Sunday. ... Publication in the Reich Law Gazette on August 24, 1896 The Bürgerliches Gesetzbuch (or BGB) was the civil code of the German Empire and continues to act as the central law for German civil law. ... 1900 is a common year starting on Monday. ... The Zivilgesetzbuch (ZGB) is the Swiss civil code. ... 1907 was a common year starting on Tuesday (see link for calendar). ...

See also


  Results from FactBites:
 
THE CODE OF HAMMURABI - LawResearch (15812 words)
Even a law code was in those days regarded as a subject for prayer, though the prayers here are chiefly cursings of whoever shall neglect or destroy the law.
Hence the Code allowed a proviso to be inserted in the marriage contract, that the wife should not be seized for her husband's prenuptial debts; but enacted that then he was not responsible for her prenuptial debts, and, in any case, that both together were responsible for all debts contracted after marriage.
This is awarded by the Code for corporal injuries to a muskinu or slave (paid to his master); for damages done to property, for breach of contract.
  More results at FactBites »


 
 

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