Napoleonic Code

History
For most of its history as a feudal polity, France lacked a single unified body of law. In the north, local customary laws derived from old Franco-Germanic traditions predominated, while in the south these customs were combined with the Corpus Iuris Civilis (Roman law). Efforts by French monarchs to standardize laws were limited in scope and success. A comprehensive movement to replace the hundreds of separate French legal systems began in 1790 without the monarchy’s approval. The criminal code was amended in 1791 to abolish various old crimes and the lettres de cachet, a royal procedure similar to a bill of attainder.

Debates over a civil code continued through the abolition of the monarchy and into the Revolutionary Wars. The eventual enactment of what is now called the Napoleonic Code, or the Civil Code of the French, in 1802 was achieved through the efforts of First Consul Napoleon. The Code was imposed on conquered territories and voluntarily adopted by neighboring states. Following the French defeat and Bourbon restoration in 1815, both France and many of the countries that had adopted it retained the Code. A heavily amended version remains in force in France and serves as the foundation for many civil law systems.

In the United States, the Napoleonic Code is primarily significant as the basis for the civil law of Louisiana, which was formerly a French colony, in contrast to the common law used in other states.

Contents
The Code is primarily based on the Corpus Iuris Civilis with elements of French customary law. Initially divided into four Books, the fourth (civil procedure) became a separate code in 1806. The remaining Books are: Book I (persons), Book II (property), and Book III (acquisition of property).

Preliminary Title
The preliminary title limited the Code’s application to future matters, required judges to resolve legal gaps but barred them from making general rules, and prohibited private agreements contrary to laws on public order and good morals.

Book I: Of Persons
Title I granted civil rights to French citizens and legal residents, setting conditions for loss of citizenship or civil rights, such as renunciation or civil death. Title II required registration of births, marriages, and deaths. Title III addressed changes of domicile. Title IV governed treatment of missing persons. Titles V–XI covered family law, including marriage, divorce, paternity, adoption, guardianship, and the rights and obligations of children and legally incompetent persons.

Book II: Of Property and Modifications of Ownership
Title I classified property as movable or immovable and nationalized certain types. Titles II and III covered rights to profits from property. Title IV addressed servitudes such as easements and covenants.

Book III: Of the Various Ways of Acquiring Property
Title I covered succession. Title II addressed donations and wills. Title III covered contracts; Title IV, quasi-contracts and torts; Title V, community property; Titles VI–VII, sales and barter; Title VIII, leases and employment; Title IX, partnerships; Title X, loans; Title XI, bailments and sequestration; Title XII, insurance and gambling; Title XIII, agency; Title XIV, sureties; Title XV, settlements; Title XVI, arrest in civil matters; Title XVII, pledges of personal property and proceeds of real property; Title XVIII, mortgages; Title XIX, ejectment; and Title XX, adverse possession.