Source Emilija Stanković (Kragujevac)
The words Napoleon himself had uttered about his Code Civil (Napoleonic Law) while exiled on St Helen: "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."
The Code Civil, although the result of the French Revolution, is not only the product of the spirit of that Revolution which abolished all the institutions of the feudal regime and promoted new values (equality of all citizens, private ownership, freedom of contract, family and family inheritance laws). It contains, it appears, in complete harmony with one another, all the results of the long historical development of the traditional and new legal institutions. The influence of the droit ecrit, the law from the south of France based on Roman law traditions, was not foreign to it; nor was the influence of the droit coutumier, the common law from the north of France foreign to it. 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.
The words Napoleon himself had uttered about his Code Civil (Napoleonic Law) while exiled on St Helen: "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."
The Code Civil, although the result of the French Revolution, is not only the product of the spirit of that Revolution which abolished all the institutions of the feudal regime and promoted new values (equality of all citizens, private ownership, freedom of contract, family and family inheritance laws). It contains, it appears, in complete harmony with one another, all the results of the long historical development of the traditional and new legal institutions. The influence of the droit ecrit, the law from the south of France based on Roman law traditions, was not foreign to it; nor was the influence of the droit coutumier, the common law from the north of France foreign to it. 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.
No comments:
Post a Comment