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The Napoleonic Code (French: Code Napoléon), officially the Civil Code of the French (French: Code civil des Français; simply referred to as Code civil), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since its inception. [1]
The New Civil Procedure Code formally replaced the former Napoleonic Code of Civil Procedure of 1807 in accordance with Article 26 of the 20 December 2007 Legal Simplification Act (n 2007-1787). [1] The Napoleonic Civil Procedure Code had already undergone drastic changes since 1973, with the adoption of the Decree n 75-1123 [ 2 ] and other ...
Article 143 of the Civil Code of the French (Code civil) governs civil marriage and consecrated the couple by law. Since 1999, it exists with the Rules of Cohabitation (concubinage) and the Civil Solidarity Pact (PACS). Religious organizations that organize only religious marriages are not recognized by the law.
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In French law, judges cannot create legal norms, because of the principle known as "la prohibition des arrêts de règlement" of Article 5 of the French civil code: "Judges are forbidden from pronouncing in a generally dispositive and regulatory fashion on the matters submitted to them." They can only put into evidence and interpret existing norms.
The history of codification dates back to ancient Babylon.The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC.The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems that would rule over Continental Europe.
For example, tort liability in private law is primarily elaborated by judges, from only five articles (articles 1382–1386) in the Civil Code. [ 20 ] [ 21 ] Scholars have suggested that, in these fields of law, French judges are creating law much like common law judges.
The Official Journal of the French Republic (French: Journal officiel de la République française), also known as the JORF or JO, is the government gazette of the French Republic. It publishes the major legal official information from the national Government of France, the French Parliament [2] [3] [4] and the French Constitutional Council. [5]