Editing Napoleonic Code (section)

==History==
The categories of the Napoleonic Code were not drawn from earlier French law, but instead from [[Justinian I|Justinian's]] sixth-century codification of [[Roman law]], the ''[[Corpus Juris Civilis]]'', and within it, the ''Institutes''.<ref>{{cite journal| author = Iain Stewart | title = ''Mors Codicis'': End of the Age of Codification?  | journal = Tulane European & Civil Law Forum | volume = 27 | pages = 17 at 23–24 | year = 2012 }}</ref>   The ''Institutes'' divide into the law of:

# persons
# things
# actions.

Similarly, the Napoleonic Code divided the law into four sections:

# persons
# property
# acquisition of property
# civil procedure (moved into a separate code in 1806).

===Prior codification attempts===
Before the Napoleonic Code, France did not have a single set of [[law]]s; law consisted mainly of local customs, sometimes officially compiled in "custumals" (''[[Old French law|coutumes]]''), notably the ''[[Custom of Paris in New France|Custom of Paris]]''. There were also exemptions, [[Privilege (law)|privileges]], and special [[Charter|charters]] granted by kings or other feudal lords. With the Revolution, the last vestiges of feudalism were abolished.{{fact|date=March 2024}}

Specifically, as to civil law, the many different bodies of law used in different parts of France were to be replaced by a single legal code. The [[National Constituent Assembly (France)|Constituent Assembly]] on 5 October 1790 voted for a codification of French laws, the [[French Constitution of 1791|Constitution of 1791]] promised one, and the [[National Assembly (French Revolution) |National Assembly]] adopted a unanimous resolution on 4 September 1791 providing that "there shall be a code of civil laws common for the entire realm."<ref>Constitution of 3 September 1791, 1.11: "''Il sera fait un Code de lois civiles communes à tout le Royauame''".</ref> However, it was the [[National Convention]] in 1793 which established a special commission headed by [[Jean-Jacques-Régis de Cambacérès]] to oversee the drafting process.<ref>Cronin, Vincent (1972). ''Napoleon Bonaparte. An Intimate Biography.'' pp. 176, 193, 283</ref> 

His drafts of 1793 (for which Cambacérès had been given a one month deadline), 1794, and 1796 were all rejected by a National Convention and the [[French Directory]] of the time was more preoccupied with the turmoil resulting from various wars and strife with other European powers. The first draft contained 719 articles and was very revolutionary, but was rejected for being too technical and criticised for not being radical or philosophical enough. The second, with only 297 articles, was rejected for being too brief and was criticised for being a mere manual of morals. The third, expanded to 1,104 articles, was presented under the conservative Directory regime, but never even came up for discussion.{{fact|date=March 2024}}

Another commission, established in December 1799 established a fourth outline drafted in part by {{ILL|Jean-Ignace Jacqueminot|fr}} (1754–1813). Jacqueminot's draft, the so-called ''loi Jacqueminot'', dealt almost exclusively with persons<ref>Eric Descheemaeker, ''The Division of Wrongs: A Historical Comparative Study'' (Oxford: Oxford University Press, 2009), 128.</ref> and emphasised the need to reform the [[divorce]] laws, to strengthen parental authority and increase the testator's freedom to dispose of the free portion of his estate.<ref>Tom Holmberg, "The Civil Code: an Overview", ''The Napoleon Series'', September 2002, [online] <https://www.napoleon-series.org/research/government/code/c_code2.html>.</ref> It was rejected.

===Napoleonic reforms===
{{unreferenced section|date=March 2011}}
Napoleon's victory at the [[Battle of Marengo]] allowed him to consolidate his power in France.<ref>Hollins, ''Encyclopedia'', pp. 605–606.</ref> Returning to Paris, he appointed on 12 August 1800 a commission of distinguished jurists and politicians, including {{ill|Jacques de Maleville|simple|Jacques de Maleville|fr|Jacques de Maleville}}, [[François Denis Tronchet]], [[Félix-Julien-Jean Bigot de Préameneu]], [[Jean-Étienne-Marie Portalis]] to draft a civil code.<ref>Zamoyski, Adam, ''Napoleon: A Life'',"Caesar"</ref> For this commission, Cambacérès (now Second Consul), and Napoleon himself chaired the plenary sessions.<ref name=Foot01/> After this process finished, the Code was sent to the [[Legislative Body]] as a preliminary bill in December 1801, where it was rejected by a vote of 142 to 139.<ref name=Foot02/> In response, Napoleon announced on 2 January 1802 that he was suspending all projects, effectively closing the assemblies' sessions; simultaneously, he went to the [[Sénat conservateur]] to berate its members. These tactics cowed the legislature into submission, and gave Napoleon the majority he needed.<ref>Zamoyski, Adam, ''Napoleon: A Life'',"Peace"</ref> The code finally came into effect on 21 March 1804.<ref name=Foot03/>

The process developed mainly out of the various customs,{{what|date=June 2023}} but was inspired by Justinian's sixth-century codification of [[Roman law]], the ''[[Corpus Juris Civilis]]'' and, within that, Justinian's Code (''Codex''). The Napoleonic Code, however, differed from Justinian's in important ways: 
* it incorporated all kinds of earlier rules, not just legislation; 
* it was not a collection of edited extracts, but a comprehensive rewrite; 
* its structure was much more rational; 
* it had no religious content
* it was written in the [[vernacular]].

The Napoleonic Code marked a fundamental change in the nature of the [[civil law (legal system)|civil law legal system]], making laws clearer and [[rule of law|more accessible]]. It also superseded the former conflict between royal legislative power and, particularly in the final years before the Revolution, protests by judges representing views and privileges of the social classes to which they belonged. Such conflict led the Revolutionaries to take a negative view of judges making law.

This is reflected in the Napoleonic Code provision prohibiting judges from deciding a case by way of introducing a general rule (Article 5), since the creation of general rules is an exercise of [[Legislature|legislative]] and not of [[Judiciary|judicial power]]. In theory, there is thus no [[case law]] in France. However, the courts still had to fill in the gaps in the laws and regulations and, indeed, were prohibited from refusing to do so (Article 4). Moreover, both the code and legislation have required judicial interpretation. Thus a vast body of case law has come into existence, but without any rule of ''[[Precedent|stare decisis]]''.{{citation needed|date=January 2024}}