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Papers > History > influence of the Napoleonic code on divorce in post revolution France
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influence of the Napoleonic code on divorce in post revolution France |
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The Written Assignment “The influence of the Napoleonic Code on divorce in post revolution France” Sergiy Shapoval Core 4 2 Introduction The Napoleonic Code had a profound influence on shaping the political and social reform of postrevolution France. Napoleon himself was greatly involved in shaping the code, including the section related to divorce, although ironically, this was one of the elements of the Code, which he himself was unable to follow. Ultimately, it would take over two hundred years and several modifications to the law to return to the divorce principals that were espoused immediately after the French Revolution, which centered on the fundamental precepts of liberty, equality and fraternity. Pre Code Regime and Introducing of the Code Perhaps nothing sums up the state of pre-revolution French law as Voltaire’s comment that in France the traveler changed laws as often as he changed horses. The two principal forms of law in place prior to the revolution were Roman law (referred to as droit crit) and Customary law (referred to as droit coutumier). ... ) These ordonnances, declarations, letters patents and other royal legislation were significant legal documents and many formed the basis of the Napoleonic codes. Critical among these were “the ordinance of April 1667 on the administration of justice (LOrdonnance Civile), the ordinance of March 1670 dealing with criminal procedure (LOrdonnance Criminelle), the ordinance of March 1673 on commerce on land (LOrdonnance pour le Commerce; also known as the Code Savary), the ordinance of August 1681 concerning maritime commerce (LOrdonnance pour la Marine), the ordinance of February 1731 on gifts (LOr- 3 donnance sur les Donations), the ordinance of August 1735 on wills (LOrdonnance sur les testaments) and the ordinance of August 1747 concerning entails (LOrdinance sur les Substitutions). ... ” Napoleon took an active role in the processes associated with the creation and completion of the code. The areas that most reflect his personal involvement were those that dealt with the civil status of soldiers, denying the rights of aliens and the role of women, status of adoption, and divorce by mutual consent. ... But nothing can blot out my Civil Code. |
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Title: influence of the Napoleonic code on divorce in post revolution France
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