1. What are the two most influential civil codes in the world?
Civil law codes
What are the two most influential civil codes in the world?

3. Civil law codes French Civil Code German Civil Code Napoleonic Code
1804
Four jurists/lawyers
German Civil Code
Burgerliches Gesetzbuck (BGB)
1896, eff. 1900
University Pandecists
Belgium
Brazil
Indochina
Italy
Japan
Netherlands
Nordic countries
Northern Africa
Portugal
Spain
Latin America
Switzerland

4. Civil law codes French Civil Code German Civil Code Napoleonic Code
1804
Four jurists/lawyers
German Civil Code
Burgerliches Gesetzbuck (BGB)
1896, eff. 1900
University Pandecists
F Belgium (1804) *
G Brazil (1916 influence)
F Indochina
G Italy (1942)
G Japan (Korea)
F Netherlands (1838 / 1967)
I Nordic countries
F Northern Africa
F / G Portugal (1867 /1967)
F Spain (1888)
F Latin America
I Switzerland (Turkey – 1926)

5. Civil law codes French Civil Code German Civil Code Persons Property
Ways one acquires property
German Civil Code
General part
Law of obligations
Law of property
Family law
Law of succession

6. Jean-Étienne-Marie Portalis
Civil law codes
Jean-Étienne-Marie Portalis

7. Civil law codes French Civil Code Coverage? Persons Property
Civil rights
Political rights
Rights in private relationships
Respect for human body
Right of privacy
French Civil Code
Persons
Property
Ways one acquires property

8. Civil law codes French Civil Code Coverage? Persons Property
Civil rights
Political rights
Rights in private relationships
Respect for human body
Right of privacy
French Civil Code
Persons
Property
Ways one acquires property

9. Civil law codes Family law rules? French Civil Code Persons Property
Divorce if “effective end of marriage relationship”
Sperm donor cannot be subject to paternity suits
Surrogate mother loses maternal rights if gives consent before notary
Illegitimate children have no rights
French Civil Code
Persons
Property
Ways one acquires property

10. Civil law codes Family law rules? French Civil Code Persons Property
Divorce if “effective end of marriage relationship”
Sperm donor cannot be subject to paternity suits
Surrogate mother loses maternal rights if gives consent before notary
Illegitimate children have no rights
French Civil Code
Persons
Property
Ways one acquires property

11. Civil law codes French Civil Code Property? Persons Property
Types of property are immovables and movables
Usufruct is the right for life to enjoy property and proceeds (like life estate)
Use is right to use property, but not proceeds
Condos, important in France, are not regulated in Civil Code
French Civil Code
Persons
Property
Ways one acquires property

12. Civil law codes French Civil Code Property? Persons Property
Types of property are immovables and movables
Usufruct is the right for life to enjoy property and proceeds (like life estate)
Use is right to use property, but not proceeds
Condos, important in France, are not regulated in Civil Code
French Civil Code
Persons
Property
Ways one acquires property

13. Civil law codes French Civil Code Succession? Persons Property
The first topic of Book III is successions (regulate aristrocracy)
Individual can bequeath as chooses, including disinheriting children
If person has one child, child inherits at least 50%
If person has two children, they inherit 75%
Future interests are prohibited
French Civil Code
Persons
Property
Ways one acquires property

14. Civil law codes French Civil Code Succession? Persons Property
The first topic of Book III is successions (regulate aristrocracy)
Individual can bequeath as chooses, including disinheriting children
If person has one child, child inherits at least 50%
If person has two children, they inherit 75%
Future interests are prohibited
French Civil Code
Persons
Property
Ways one acquires property

15. Civil law codes French Civil Code Torts? Persons Property
“Obligations that arise without contracts”
The rules on torts are essentially unchanged since 1804
The Civil Code requires the purchase of insurance by those in dangerous occupations
Parents can be liable for the torts of their children
French Civil Code
Persons
Property
Ways one acquires property

16. Civil law codes French Civil Code Torts? Persons Property
“Obligations that arise without contracts”
The rules on torts are essentially unchanged since 1804
The Civil Code requires the purchase of insurance by those in dangerous occupations
Parents can be liable for the torts of their children
French Civil Code
Persons
Property
Ways one acquires property

17. Civil law codes Contracts / sales? French Civil Code Persons Property
Title passes immediately, once there is agreement on price and object of sale
Title cannot, by agreement, pass at some future time
A promesse de vente is a sales contract
A lease is viewed as a type of contract, not property interest
French Civil Code
Persons
Property
Ways one acquires property

18. Civil law codes Contracts / sales? French Civil Code Persons Property
Title passes immediately, once there is agreement on price and object of sale
Title cannot, by agreement, pass at some future time
A promesse de vente is a sales contract
A lease is viewed as a type of contract, not property interest
French Civil Code
Persons
Property
Ways one acquires property

19. Civil law codes French Civil Code Companies? Persons Property
A company is association of two or more persons to carry out business
A one-person company is impossible
Companies are governed exclusively by the Commercial Code
Limited liability entities are all governed by Commercial Code (LLCs, limited partnership, corporations)
French Civil Code
Persons
Property
Ways one acquires property

20. Civil law codes French Civil Code Companies? Persons Property
A company is association of two or more persons to carry out business
A one-person company is impossible
Companies are governed exclusively by the Commercial Code
Limited liability entities are all governed by Commercial Code (LLCs, limited partnership, corporations)
French Civil Code
Persons
Property
Ways one acquires property

21. Civil law codes
Why do civil codes survive “war, revolution, political dismemberment”?
In fact, why are civil codes more permanent than constitutions?
What is “decodification”?

22. Civil law codes German Civil Code Juristic person? General part
Law of obligations
Law of property
Family law
Law of succession
Juristic person?
Association
Foundation
Partnership
Close corporation
Public corporation

23. Civil law codes German Civil Code Juristic person? General part
Law of obligations
Law of property
Family law
Law of succession
Juristic person?
Association
Foundation
Partnership
Close corporation
Public corporation

24. Civil law codes
The “General part” has broad notions that apply throughout the BGB. For example, a person’s “declaration of intent” can be his own declaration or that of a duly authorized agent. (This is the default rule.)
Questions:
Does this mean that an agent can agree to marriage? Adopt a child? Sign a will?
How does one know if there is an exception? (Netherlands limits to “patrimony” rights)

25. Civil law codes Obligations? German Civil Code General part
There is no technical requirement of consideration
Notarial form is required for a unilateral gift
Contracts are created by mutual consent
The Civil Code protects tenants, discouraging new construction
Employment periods differ for manual and clerical workers
German Civil Code
General part
Law of obligations
Law of property
Family law
Law of succession

26. Civil law codes Obligations? German Civil Code General part
There is no technical requirement of consideration
Notarial form is required for a unilateral gift
Contracts are created by mutual consent
The Civil Code protects tenants, discouraging new construction
Employment periods differ for manual and clerical workers (unconstitutional)
German Civil Code
General part
Law of obligations
Law of property
Family law
Law of succession

27. Civil law codes German Civil Code More obligations? General part
The relationships of principal and agent are treated as “mandates”
Civil law partnerships (not involving merchants) are regulated by BGB
Delicts, treated with more specificity than the French Civil Code, are viewed as a subset of obligations
Discovery of documents from a third-party arises only if substantive duty
German Civil Code
General part
Law of obligations
Law of property
Family law
Law of succession

28. Civil law codes German Civil Code More obligations? General part
The relationships of principal and agent are treated as “mandates”
Civil law partnerships (not involving merchants) are regulated by BGB
Delicts, treated with more specificity than the French Civil Code, are viewed as a subset of obligations
Discovery of documents from a third-party arises only if substantive duty
German Civil Code
General part
Law of obligations
Law of property
Family law
Law of succession

29. Civil law codes German Civil Code Family law? General part
All provisions on property are subject to principle in German Constitution: Men and women shall have equal rights”
One of first things Allied Control Council did after WWII was to replace racist Nazi marriage law
Reflecting the value given marriage, there is only “fault” divorce
Married couples can by notarial agreement choose their own “property regime”
German Civil Code
General part
Law of obligations
Law of property
Family law
Law of succession

30. Civil law codes German Civil Code Family law? General part
All provisions on property are subject to principle in German Constitution: “Men and women shall have equal rights”
One of first things Allied Control Council did after WWII was to replace racist Nazi marriage law
Reflecting the value given marriage, there is only “fault” divorce
Married couples can by notarial agreement choose their own “property regime”
German Civil Code
General part
Law of obligations
Law of property
Family law
Law of succession

31. Civil law codes Successions? German Civil Code General part
The BGB lays out the order of succession
There is no recognition of wills
There is complete freedom of testation, thus allowing disinheritance of spouse and children
There are compulsory portions for surviving spouses and children
German Civil Code
General part
Law of obligations
Law of property
Family law
Law of succession

32. Civil law codes Successions? German Civil Code General part
The BGB lays out the order of succession
There is no recognition of wills
There is complete freedom of testation, thus allowing disinheritance of spouse and children
There are compulsory portions for surviving spouses and children
German Civil Code
General part
Law of obligations
Law of property
Family law
Law of succession

33. Civil law codes What do the civil codes not cover?
How are civil codes revised?

34. Civil law codes
“… the basic codes remain to the civilian, as the common law remains to us, the very core of the legal order, containing not only rules but also the general principles which give life and systematic direction to every positive norm…”
Rudolf Schlesinger (1959)