Napoleonic Code

The French Revolution had a major impact all over the world. It was a period when France has witnessed several changes in politics and society. Napoleon Bonaparte, a French statesman and a leader of the military who was risen during the French Revolution. He became the leader of the French Revolution army at the age of 26. Napoleon Bonaparte had done many successful campaigns during the French Revolutionary Wars. The French Revolution had a major impact not only in Europe but also on the world. The French revolution has influenced the world with the ideas of nationalism, libertinism, fraternity, and equality. The rise of Napoleon Bonaparte as a monarchy had completely destroyed those ideas which emerged during this famous Revolution of France. Napoleon Bonaparte became the new dictator of France in 1800. France did not have any certain set of laws before the Napoleon Code. Napoleon Bonaparte is the creator of the Napoleonic Civil code 1804. Napoleon crowned himself emperor in the year 1804. He desired to bring a new order of governance in France. He innovated a new legal system in France called the Civil code of 1804 or the Napoleonic Civil Code.

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                             Image: A portrait of Napoleon Bonaparte

Define Napoleonic Code 

The Napoleonic Code officially known as the Civil Code of the French was established under the French Consulate in the year 1804. The Napoleonic Code is still established with some amendments. The Napoleonic civil code was created by four eminent jurists and came into action on 21 March 1804. There are some other famous French codes of the Napoleonic time such as the Military code, Code of civil procedure, Criminal code, Commercial Code, and Code of criminal instruction. The Napoleonic code was created on the ideas of the French revolution. It influences not only Europe but the whole world with the ideas of equality, nationalism, freedom and fraternity. It was a major change in the laws of France after the revolution. It was very necessary for the stability of France after the revolution.

Napoleonic Code of 1804

The Napoleonic Code is also famously known as the "French Civil Code of 1804". This civil code defined the idea of equality before the law and gives security to the right to property. This code abolished feudalism and freed peasants from serfdom and manorial dues. 

The major noticeable objective of this code was the simplification of all the laws and systematized them into a document. This Code was spread to the countries under French control such as Switzerland, the Dutch Republic, Italy, and Germany adopted the Napoleon Civil code. The Napoleonic Code was considered a progressive legal system representing broad-minded values. Although the code provided equality before the law but didn’t give equality to women. 

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                                  Image: Original document of Napoleonic Code 1804.

Why was the Napoleonic Code Created?

In 1804, Napoleon Bonaparte gained almost all the power of France. He kept control of the governance of France. The Napoleonic Code of 1804 was created to maintain laws and stability in the regions. In those days there were diverse rules and laws because of the pre-revolutionary legal orders. The purpose of the Napolean code was to reform the French legal court to regain the principles of the French revolution. The Code was established to stop conflicts of laws.

In the South of France, Roman Law was established. Customary law was developed in the northern provinces including Paris which was based on feudal Frankish and German institutions. The marriage and family-related laws were under the control of the Roman Catholic Church which was governed by canon law. The prime objective of creating the Napoleonic Code was to give a single law to the nation. When the Napoleonic code came into power several other laws were established in France so Napoleon Bonaparte decided to give a single law to his nation and he also wanted to minimise the powers of Catholic churches.

What are Napoleonic Reforms?

The Napoleonic reforms are known as the change in the ruling authorities and the established Law of the country. Napoleon decided to reform the French legal system with the ideas of the French Revolution as the old feudal and royal laws were confusing and along with that old laws were also very contradictory. At that time Catholic churches and other laws were established. There were four types of government authorities in France during the French Revolution, these were the national assembly, the legislative assembly, the first republic and the directory. When Napoleon came to power in 1799, a new start was made for the drafting of laws.  After one year a commission of four jurists was selected in 1800. Commission included Louis-Joseph Fauré (A French Jurist). The drafting commission was chaired by Cambacérès, sometimes by the First Consul, Napoleon himself. The Civil Code was complete by the year 1801 but could not be published until March 1804. It was promulgated as the "Civil Code of the French"  later this was renamed as "the Napoleonic Code" from 1807 to 1815.

The process of development of the Code was based on various customs but was majorly inspired by the sixth-century codification of Roman law of Justinian, the Corpus Iuris Civilis.

The establishment of the Napoleonic Code was a great fundamental change in the flow of the civil law system which made laws clear and accessible. It also stopped the conflict between royal legislative power.

Drawbacks of Napoleonic Code

• The major drawback of the Napoleonic code was the inequality towards women. Women and children were dependent on their husbands or fathers. Women were not given rights of properties they could not buy or sell a property or could not begin a business without the consent of the husband. Income earned by wives went to husbands.

• Works were strictly prohibited to form any trade unions.

• Suppressed republicanism and practised absolutism.

Ideals and Features of the Napoleonic Civil Code 1804

Napoleon had ended democracy in France but he created a great Civil Code which began to regulate laws and systems in France. The Napoleonic Civil Code was created on the three ideals of the French Revolution. The three ideals of the Civil code are given below;

1. The French Laws should be based on reasons and common sense;

2. All men should be treated equally under the law;

3. People should have some freedoms.

There are also some noticeable features of the Napoleonic Code which are as follows:

1. Secret Laws can not be created: If anyone from a higher authority member was caught making secret laws he used to get severe punishment. This was done to secure the Napoleonic code. 

2. All decided Laws had to be published: If any law was approved then it had to be published so that every one of the authorities including Napoleon could have the knowledge of Laws.

3. Every person was treated equally before the Law:  According to the Napoleonic code, everyone was given equal rights and freedom.

4. Divorce should be treated in a civil manner: Before the French Revolution Catholic churches were the epitome of power. The matter of marriage and divorce was the subject of the Church. The civil code of France made laws for marriages and divorce.

5. Gave many rights to men: The Napoleonic code gave several rights to men. On the other hand, this code did not give equal rights to women.

6. Religious crimes became illegal: This code gave the right to follow any religion but did not encourage religious crimes.

7. Abolishment of serfdom and manorial dues: Manorial dues were the fees that peasants or serfs of farmers owe to their landlord. These dues were abolished when the civil code came into power.

Interesting Facts

• Napoleon Bonaparte was the epitome of his power from 1804 to 1812. His empire was spread from France to the border of Russia.

• The French Civil code is still in use with some necessary amendments.