CONTEMPORARY FRENCH LAW Civil It is from the Civil Code that contemporary French law really dates. Its ap plication was of an international character in asmuch as the example set by France was fol lowed in principle by many other countries, and in Belgium to-day the Bonaparte Code forms the basis of its legislation.
The legislator of the Revolutionary period had proposed to codify the civil laws. In 1793 Cambaceres presented two projects to the Con vention followed by a third to the Conseil des Cing Cents. An impetus was given. That which neither the old Monarchy nor the Revo lution —a prey to civil and national war — had not been able to accomplish, despite repeated efforts by eminent jurists, Napoleon realized, and in so doing gained for himself everlasting fame and the admiration of the entire legal profession.
The Civil Code, which contains 2,281 articles, was definitely promulgated by virtue of the law of 21 March 1804. Its principal authors were Portalis and Tronchet who, with their col laborators, took inspiration from the old Cus toms, especially those of Paris, from the Roman law, the Royal Decrees and the laws of the Revolutionary period, as well as in a lesser degree from the jurisprudence of the Parlia ments and Canon law.
From the old Customs law arose in principle rules governing inheritances, community of property between husband and wife; from Roman law the regime of property, general regulations covering obligations and contracts, the dowry system; from the Royal Decrees laws governing legacies and wills; from the Revolu tion the fixing of the majority, the marriage laws and the disposition regulating mortgages.
It is generally admitted that the Civil Code presents great qualities of unity, method, pre cision and clearness, but at the present day it is reproached, despite the numerous amendments made to it, with being somewhat old fashioned and not capable of solving satisfactorily the numerous problems which have arisen since its promulgation, and to its not having developed sufficiently to conform to the economical life of the country. Among the subjects it did deal
with and which to-day are of primary im portance are those questions of insurance, per sonal property and moralist controversies.
Other doted France with four other codes besides the Civil Code, al though of much less value. These were the Civil Procedure Code, Commercial Code, Crimi nal Instruction Code and Penal Code; the first mentioned was instituted in 1807, the second in 1808 and the two latter iii 1811.
The Civil Code owed its great qualities to the fact that it represented the accrued work of several generations; the compilers of the other four codes were handicapped to the ex tent that they did not possess any model — in complete or otherwise — on which to form a basis adequate to contemporary needs. Their elaboration was less skilful and their authors less competent. Of the four the' Commercial Code is the least satisfactory, representing as it does far too many ancient texts, such as the decree of 1673 regarding trade and that of 1681 on the marine. Colbert's legislation, of more than two centuries date, forms even to day the basis of the Commercial Code, whereas trade has developed with a remarkable rapidity and undergone most varied and unforeseen transformations.
Mention should also be made that French law has become enriched since Napoleon with four other codes: the Military Code, the Forest Law Code, the Rural Code and the code govern ing employment, the two latter are not yet com plete, only certain articles up to the present having been voted. And yet the first article of the Rural Code is dated 20 Aug. 1881.
Legislation since the Civil The five codes instituted by Napoleon are in opera tion at the present time and form the basis of contemporary French law. Many of their articles have been suppressed, improved upon or completed, while on the other hand many other laws, civil, commercial, etc., have been voted which supplement the Civil Code.