M2 T3 Codification

Question 1

What is one of the main characteristics of the continental law?

Answer 1

Codification. Law as a primary source embodied in codes

Question 2

When did we see the first codification?

Answer 2

19th century

Question 3

What are the two most important codifications?

Answer 3

The French Codification 1804

The German Codification 1900

Question 4

The French civil code is also known as the Napoleonic code as…

Answer 4

It was developed thanks to Napoleon’s personal effort. He played an active role in drawing up the code, and due to his personal life, juridical techniques should never prevail over the realities of life.

Ex: some provisions derived from his personal needs such s institution of adoption and divorce.

Question 5

What is the ideological basis of the Napoleonic code?

Answer 5

1789: The Declaration of the Rights of Man and of the Citizen during the French Revolution. The will to constitute France as a constitutional state. The state identified with the law.

Question 6

How did the reforms of the establishment of the constitutional state of France affect politics, administrations, and the judiciary system?

Answer 6

Power to be legitimate: originate within human-decision making

Unification of justice and administrative centralization.

Need for a simple and clear coded of law to be applied to the whole of France.

Question 7

What are the there main sources of the Napoleonic code?

Answer 7

1. Roman law, known as written law.
2. Consuetudinary (customary law)
3. Enlightenment ideals that gave the rise to the French Revolution principles of equality, secularisation, and respect for the law.

Question 8

What was the nature of the 1804 French civil code?

Answer 8

moderate work with a spirit of compromise

Question 9

How was the style of the Napoleonic code?

Answer 9

1. Simple direct language. to be read by all
2. Technical imprecision. Lack technological exactitude
3. A literary work of art. Elegant language

Question 10

How was the Napoleonic code structured?

Answer 10

Heterogeneous

Book one: Concerning persons

Book two: concerning goods and the different variations of property

Book three. Concerning the different means of acquiring property

Question 11

Which social group ideals did the Napoleonic code pursue?

Answer 11

The bourgeois society.

Question 12

Did the Napoleonic code have a large effect on the international legal scene in the 19th century?

Answer 12

Yes

Question 13

The Napoleonic code represented a solution to….

Answer 13

The juridical insecurity suffered at the time

Question 14

Why did the Napoleonic code have a large effect on the international legal scene?

Answer 14

due to enlightenment, western civilization possessed an intellectual identity, influencing all spheres of knowledge

Question 15

What territories did the Napoleonic code influence?

Answer 15

1. Territorial expansion of Napoleonic France
2. Land conquered by the empire
3. Other European states
4. French colonial dominions

Question 16

When did the German parliament pass the German civil code, BGB; and when did it enter into force?

Answer 16

passed: 1896

Into force: 1900

Question 17

What did the Germans, that shared language and cultural traditions, not have in common up until the foundation of the Reich in 1871?

Answer 17

common political or administrative institutions

Question 18

What traditions were predominant in Germany prior to the codification of the BGB?

Answer 18

Customary law. Particular, local laws.

Question 19

Thanks to which school of law was the BGB undertaken?

Answer 19

The “modern” school of Natural law

Question 20

What are the two main ideological bases for the BGB?

Answer 20

1. The modern school of Natural law
   - Contributedkey concepts of legal act and declaration of will. Rationalized law, systematized in accordance with reason and order.
2. Historical school of law of the 18th century
   - Main ideological basis

Question 21

Between who was the background for the codification of German law debated in 1814, and what did they each argue?

Answer 21

1. Thibaut
   - BGB should follow the French code
2. Savigny
   - No need for codification as law is a natural part of cultural identity and evolves with society

Question 22

What is the style of the BGB?

Answer 22

Unlike the french code, the language is technical and has no literary intention. It was drawn up by and for legal specialists and is a masterwork of coherence, abstraction, and dogmatic precision.

Question 23

What is the content of the BGB?

Answer 23

Similar to the French code. It gives priority to the interests of the bourgeoisie and guarantees the rights of property and family.

Question 24

What is one of the main contributions of the BGB?

Answer 24

categorisation of juridical concepts.

Question 25

According to Pandectics pyramid;

Answer 25

Particular institutions form the foundation and abstract general principles above this.

Question 26

Why did the BGB have less influence in practice than the Napoleonic code?

Answer 26

Due to the conceptual and terminological complexity, as well as the fact that by 1900, most countries already hade a civil code and did not need to adopt another.

Question 27

To where did the BGB spread?

Answer 27

European nation-states that arose after the disintegration of the Austro-Hungarian Empire, Baltic states, Switzerland, Greece.

China, Japan, Brazil and other countries in the world

Question 28

What did the 19th-century codification represent?

Answer 28

The last shared development of continental legal tradition