This Day in the Law
Share
March 21

Napoleonic Code Enacted by France (1804)


On March 21, 1804, the Napoleonic Code was enacted in France. The Napoleonic Code (also called the Civil Code or French Civil Code) encompassed one of the greatest achievements of Napoleon and that of modern civil law.

During the time of Napoleon, many different (and often contradictory) legal systems existed throughout France stemming from the feudal days. In fact, the French philosopher Voltaire stated that a man traveling across France would have to change laws as often as he changed horses. Napoleon saw this as a big problem and became determined to unify France under one single set of clearly written laws.

Napoleon appointed a commission of legal experts to prepare a new written code of laws. He demanded that the code be written in a clear and logical format so everyone could understand the laws. This was a huge undertaking! In fact, Napoleon had to gather legal experts from all parts of France and they met over many years to create this new set of laws.

After many years of work, on March 21, 1804, Napoleon and his commission proclaimed the new laws of France called the Civil Code of France or Napoleonic Code. This huge volume of civil laws consisted of 2,281 articles and marked the first great undertaking of legal reorganization since the Roman era. The Napoleonic Code addressed issues relating mainly to property, families, and other areas that influenced people’s everyday lives. The Code included rights such as the freedom of speech, public trials, freedom to worship, and freedom to select one’s own occupation. The Code also forbade privileges based on birth and specified that government jobs go to only the most qualified.

In short, the Napoleonic Code granted certain basic rights to individuals, made laws clearer, and unified France under one set of laws. The Napoleonic Code was followed by a Code of Civil Procedure in 1806, a Commercial Code in 1807, a Criminal Code and Code of Criminal Procedure in 1808, and a Penal Code in 1810.

The Napoleonic Code has served as the model for more than twenty civil code countries (as opposed to common law countries) such as Italy, the Netherlands, Belgium, Spain, Portugal, and others. It has even influenced the United States – a common law country. And Napoleon’s Civil Code acted as the foundation for the civil law applied in the state of Louisiana – the only state in the US which uses civil law.

Napoleon, often remembered for his military feats, held the creation of the Napoleonic Code as his greatest accomplishment. In fact, Napoleon remarked near the end of his death: "My real glory is not the 40 battles I won—for my defeat at Waterloo will destroy the memory of those victories. . . . What nothing will destroy, what will live forever, is my Civil Code." (Source: www.crf-usa.org)

Today, the Napoleonic Code continues to influence the lives of ordinary people in nearly all parts of the world. Napoleon was right. His legacy did not turn out to be any particular military victory, but rather his vision to create a clear and logical single set of laws that fairly applied to everyone.