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{{Short description|Codification of the civil law }}
[[File:Countries with a collection of laws named 'Civil Code' or similar.svg|thumb| Countries with a collection of laws known formally or informally as 'Civil Code']] ▼
{{distinguish|Civil procedure}}
{{other uses|Civil law (disambiguation)}}
{{Multiple issues|
{{
{{Essay-like|date=May 2020}}
}}
▲[[File:Countries with a collection of laws named 'Civil Code' or similar.svg|thumb|
A '''civil code''' is a codification of [[private law]] relating to [[property law|property]], [[family law|family]], and [[law of obligations|obligations]].
A jurisdiction that has a civil code generally also has a [[code of civil procedure]]. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a [[commercial code (law)|commercial code]].
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{{unreferenced section|date=August 2013}}
The
Other codified laws used since ancient times include various texts used in [[religious law]], such
===European codes and influences on other continents===
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The first attempts at modern codification were made in the second half of the 18th century in [[Germany]], when the states of [[Austria]], [[Prussia]], [[Bavaria]] and [[Saxony]] began to codify their laws. The first statute that used this denomination was the ''[[Codex Maximilianeus bavaricus civilis]]'' of 1756 in Bavaria, still using the Latin language. It was followed in 1792 by a legal compilation that included civil, penal, and constitutional law, the ''[[General state laws for the Prussian states|Allgemeines Landrecht für die Preussischen Staaten]]'' (General National Law for the Prussian States) promulgated by King [[Frederick II of Prussia|Frederick II the Great]]. In Austria, the first step towards fully-fledged codification were the yet incomplete [[Codex Theresianus]] (compiled between 1753 and 1766), the [[Josephinian Code]] (1787) and the complete [[West Galician Code]] (enacted as a test in [[Galicia (Central Europe)|Galicia]] in 1797). The final [[Austrian Civil Code]] (called ''Allgemeines bürgerliches Gesetzbuch'', ABGB) was only completed in 1811 after the dissolution of the [[Holy Roman Empire]] under the influence of the [[Napoleonic Wars]]. One of the first countries to follow up through [[legal transplants]] in codification was [[Serbia]], the [[Serbian civil law|Serbian Civil Code]] (1844).
Meanwhile, the [[France|French]] [[Napoleonic code]] (''Code Civil'') was enacted in 1804 after only a few years of preparation, but it was a child of the [[French Revolution]], which is strongly reflected by its content. The French code was the most influential one because it was introduced in many countries standing under French occupation during the [[Napoleonic Wars]]. In particular, countries such as [[Italy]], the [[Benelux]] countries, [[Spain]], [[Portugal]] (with the Civil Code of 1867, later replaced by the Civil Code of 1966, which is strongly influenced by the German BGB), the [[Latin America]]n countries, the province of [[Quebec]] in [[Canada]], and all other former French colonies which base their civil law systems to a strong extent on the Napoleonic Code. It is a misconception that the state of [[Louisiana]] in the [[United States]]
The late 19th century and the beginning 20th century saw the emergence of the School of [[Pandects|Pandectism]], whose work peaked in the [[Bürgerliches Gesetzbuch|German Civil Code]] (BGB), which was enacted in 1900 in the course of Germany's national unification project, and in the [[Swiss Civil Code]] (''Zivilgesetzbuch'') of 1907. Those two codes had been most advanced in their systematic structure and classification from fundamental and general principles to specific areas of law (e.g. contract law, labour law, inheritance law). While the French Civil Code was structured in a "casuistic" approach attempting to regulate every possible case, the German BGB and the later Swiss ZGB applied a more abstract and systematic approach. Therefore, the BGB had a great deal of influence on later codification projects in countries as diverse as [[Japan]], [[Greece]], [[Turkey]], Portugal (1966 Civil Code) and [[Macau]] (1999 Civil Code).
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Since 2002 with the First law of the Civil Code of Catalonia, Parliament of Catalonia's several laws have approved the successive books of the [[Civil Code of Catalonia]]. This has replaced most of the Compilation of the Civil Law of Catalonia, several special laws and two partial codes. Only the Sixth book, relating to obligations and contracts, has to be approved.
In Europe, apart from the [[common law]] countries of the United Kingdom and Ireland, only [[Scandinavia]] remained untouched by the codification movement. The particular tradition of the civil code originally enacted in a country is often thought to have a lasting influence on the methodology employed in legal interpretation. Scholars of [[comparative law]] and economists promoting the [[legal origins theory]] of (financial) development usually subdivide the countries of the [[civil law tradition]] as belonging either to the French, Scandinavian or German group (the latter including [[Germany]], [[Austria]], [[Switzerland]], [[Liechtenstein]], [[Japan]], [[China]], [[Taiwan]]
{{see also|European civil code}}
===Civil codes in the Americas===
The first civil code promulgated in [[Canada]] was that of [[New Brunswick]] of 1804, inspired by the 1800 project of the French civil code, known as the ''Projet de l'an VIII'' (project of the 8th year); nevertheless, in 1808 a ''Digeste de la loi civile'' was sanctioned.{{Citation needed|date=September 2022}}
In the [[United States]], codification appears to be widespread at a first glance, but U.S. legal codes are actually collections of common law rules and a variety of ''ad hoc'' statutes; that is, they do not aspire to complete logical coherence. For example, the [[California Civil Code]] largely codifies common law doctrine and is very different in form and content from all other civil codes. Another unique example is the [[Louisiana Civil Code]], based on
323.
https://digitalcommons.law.lsu.edu/faculty_scholarship/323</ref><ref>Alain A. Levasseur, The Major Periods of Louisiana Legal History, 41 Lov. L. REV. 585 (1996).</ref>
In 1825, [[Haiti]] promulgated a ''Code Civil'', that was simply a copy of the Napoleonic one; while [[Louisiana]] abolished its ''Digeste'', replacing it with the ''Code Civil de l'État de la Louisiane'' the same year.{{Citation needed|date=September 2022}}
The [[Mexican state]] of [[Oaxaca]] promulgated the first Latin American civil code in 1827, copying the French civil code.{{Citation needed|date=September 2022}}
Later on, in 1830, the civil code of [[Bolivia]], a summarized copy of the French one, was promulgated by [[Andrés de Santa Cruz]]. The latest, with some changes, was adopted by [[Costa Rica]] in 1841.<ref>{{Citation |title=Bolivia - Legal History |work=Foreign Law Guide |url=https://referenceworks.brill.com/display/entries/FLG/COM-034301.xml |access-date=2025-03-05 |publisher=Brill |language=en}}</ref>
The [[Dominican Republic]], in 1845, put into force the original Napoleonic code, in French language (a translation in Spanish was published in 1884).<ref>{{Cite web |title=Guide to Legal Research in the Dominican Republic - GlobaLex |url=https://www.nyulawglobal.org/globalex/Dominican_Republic.html |access-date=2022-09-17 |website=www.nyulawglobal.org}}</ref>
In 1852, [[Peru]] promulgated its own civil code (based on a project of 1847), which was not a simple copy or imitation of the French one, but presented a more original text based on the Castillan law (of [[Roman Law|Roman]] origin) that was previously in force on the Peruvian territory.{{Citation needed|date=September 2022}}
[[Chile]] promulgated its [[Civil Code (Chile)|civil code]] in 1855, an original work in confront with the French code both for the scheme and for the contents (similar to the Castillan law in force in that territory) that was written by [[Andrés Bello]] (begun in 1833). This code was integrally adopted by [[Ecuador]] in 1858; [[El Salvador]] in 1859; [[Venezuela]] in 1862 (only during that year); [[Nicaragua]] in 1867; [[Honduras]] in 1880 (until 1899, and again since 1906); [[Colombia]] in 1887; and [[Panama]] (after its separation from Colombia in 1903).{{Citation needed|date=September 2022}}
In 1865, the Code Civil du Bas-Canada (or [[Civil Code of Lower Canada]]) was promulgated in [[Lower Canada]] (later the [[Canadian province]] of [[Quebec]]). It was replaced in 1991 by a new [[Civil Code of Quebec]], which came into effect in 1994.{{Citation needed|date=September 2022}}
[[Uruguay]] promulgated its code in 1868, and [[Argentina]] in 1869 (work by [[Dalmacio Vélez Sársfield]]). [[Paraguay]] adopted its code in 1987, and in 1877 [[Guatemala]] adopted the Peruvian code of 1852.
[[Nicaragua]] in 1904 replaced its civil code of 1867 by adopting the Argentine code. In 1916 [[Brazil]] enacted its civil code (project of [[Clovis Bevilacqua]], after rejecting the project by [[Teixeira de Freitas]] that was translated by the Argentines to prepare their project), that entered into effect in 1917 (in 2002, the [[Brazilian Civil Code]] was replaced by a new text). Brazilian Civil Code of 1916 was considered, by many, as the last code of the 19th century despite being adopted in the 20th century. The reason behind that is that the Brazilian Code of 1916 was the last of the important codes from the era of codifications in the world that had strong liberal influences, and all other codes enacted thereafter were deeply influenced by the social ideals that emerged after World War I and the Soviet Socialist Revolution.{{Citation needed|date=September 2022}}
[[Panama]] in 1916 decided to adopt the Argentine code, replacing its code of 1903.{{Citation needed|date=September 2022}}
[[Cuba]] had the old Civil Code of Spain until the year 1987 when the [[National Assembly of People's Power]] approved the Cuban Civil Code, Law 59.{{Citation needed|date=September 2022}}
===Civil codes in Asia===
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Many legal systems of other countries in Asia are within the civil law tradition and have enacted a civil code, mostly derived from the German civil code; that is the case of [[China]], [[Japan]], [[Korea]], [[Thailand]] (the Civil and Commercial Code), [[Republic of China|Taiwan]] and [[Indonesia]] (which is influenced by the Dutch Civil Code, {{lang|nl|Burgerlijke Wetboek}}).
The [[Constitution of India|Indian Constitution]] in its Directive Principles of State Policy recommends to a [[Uniform Civil Code]] in ts Article 44. The Indian parliament is yet to pass a law in this regard.<ref>{{Cite news |title=WHAT IS UNIFORM CIVIL CODE |work=Business Standard India |url=https://www.business-standard.com/about/what-is-uniform-civil-code |access-date=2022-09-17}}</ref>
==Contents of a civil code==
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Pandectism also had an influence on the earlier codes and their interpretation. For example, Austrian civil law is typically taught according to the Pandect System (which was devised by German scholars in the time between the enactment of the Austrian and the German Codes), even though this is not consistent with the structure of the Code.
==Important civil codes==
<!-- This section is linked from [[Napoleonic code]]. The following is the list of national or regional civil codes by alphabetic order of names of countries or regions:
{| class="wikitable sortable
|-
! Country/
! Name
! Year of
! Status
! Note
Line 104 ⟶ 112:
| ''[[Allgemeines bürgerliches Gesetzbuch]]''
| 1812
| rowspan="
|▼
|-
|{{ flag| Albania}}
| ''[[Kodi Civil i Republikës së Shqipërisë| Civil Code of the Republic of Albania]]''
| 1994
|
|-
| {{flag|Armenia}}
| ''[[Law of Armenia|Armenian Civil Code]]''
| 1998
|
Line 127 ⟶ 140:
| 2002
| rowspan="6" style="background:#ecfdb8;"| In force
|
|-
| {{flag|Cuba}}
Line 133 ⟶ 146:
| 1987
| Replaced the previous Spanish Civil Code [https://web.archive.org/web/20160428022535/http://www.gacetaoficial.cu/html/codigo%20civil%20lib1.html]
|-
| {{flag|California}}
| [[California Civil Code]]
| 1872
|
|-
| {{flag|Catalonia}}
| ''[[Civil Code of Catalonia|Codi civil de Catalunya]]'' (Civil Code of Catalonia)<ref>{{cite web|url=http://www20.gencat.cat/portal/site/Justicia/menuitem.84f6394bc89391b6bd6b6410b0c0e1a0/?vgnextoid=62bbf31f87203110VgnVCM1000008d0c1e0aRCRD&vgnextchannel=62bbf31f87203110VgnVCM1000008d0c1e0aRCRD&vgnextfmt=default |title=Dret civil català. Departament de Justícia. |publisher=Departament de Justícia de la Generalitat de Catalunya |access-date=2013-11-26 |language=ca}}</ref><ref>{{cite web|author=Albert Ruda |url=http://civil.udg.es/normacivil/ |title=Projecte Norma Civil |publisher=Civil.udg.es |date=1997-03-14 |access-date=2013-11-26|language=ca}}</ref>
|
* Second Book: 2010
* Fourth Book: 2008
|
▲• Sixth Book: 2018 <ref>{{cite web |title=The Civil Code of Catalonia |url=https://web.gencat.cat/en/actualitat/reportatges/El-Codi-civil-de-Catalunya/ |website=Government of Catalonia}}</ref>
▲| colspan = "4" style="text-align:left"|• Replaced most of the Compilation of the Civil Law of Catalonia, several special laws and two partial codes<br>
▲• Fourth Book ([http://portaljuridic.gencat.cat/ca/pjur_ocults/pjur_resultats_fitxa/?documentId=464805&action=fitxa official consolidated text in Catalan] and [https://web.archive.org/web/20120413050502/http://www20.gencat.cat/docs/Justicia/Documents/ARXIUS/llei10_2008_angles.pdf text in English]),<br>
▲• Fifth Book ([http://portaljuridic.gencat.cat/ca/pjur_ocults/pjur_resultats_fitxa/?documentId=422359&action=fitxa official consolidated text in Catalan] and [https://web.archive.org/web/20141026002904/http://www20.gencat.cat/docs/Justicia/Documents/ARXIUS/llei_5_2006_english.pdf text in English])<br>
▲• and the bill of the Sixth Book ([http://www.parlament.cat/activitat/bopc/10b505.pdf#page=6 text in Catalan])
|-
| {{flag|Chile}}
| ''[[Civil Code (Chile)|Código Civil]]'' (Civil Code)
| 1855
|-
| {{flag|Czech Republic}}
| ''[[Legal system of the Czech Republic#Civil law|Občanský zákoník]]'' (Civil Code)
| 2012
|
|-
| {{flag|China}}
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| ''[[Napoleonic Code|Code civil des Français]]'' (French Civil Code)
| 1804
Inspired by Justinian's sixth-century codification of Roman law. Differ with comprehensive rewrite including earlier rules, in a rational structure rather than a religious content. This made laws clearer and more accessible and superseded the conflict between royal and judges legislative power.
This code prohibits judges from deciding a case by way of introducing a general rule — an exercise of legislative — thus, there is no rule of stare decisis (binding precedent) in French law, but some jurisprudence ''constante'', to interpret the law.
It might also had influenced other countries.
|-
| {{flag|Germany}}
Line 203 ⟶ 218:
| ''[[Αστικός Κώδικας]]'' (Civil Code)
| 1946<ref>{{cite web|url=http://www.nyulawglobal.org/globalex/Greece.html|first=Maria|last=Panezi|title=A Description of the Structure of the Hellenic Republic, the Greek Legal System, and Legal Research|work=[[GlobaLex]]|date=April 2006|access-date=2018-04-24}}</ref>
| Replaced the ''Hexabiblos'' and the Civil Law of 1856; also locally the 1841 Ionian Civil Code, 1899 Civil Code of Samos, and the 1904 Cretan Civil Code<ref>Eugenia Dacoronia, "The Evolution of the Greek Civil Law", in ''Regional Private Laws and Codification in Europe'', eds. Hector L. MacQueen, Antoni Vaquer, & Santiago Espiau Espiau (Cambridge: Cambridge University Press, 2003), 290-1.</ref>
|-
| {{flag|Indonesia}}
| ''[[Burgerlijk Wetboek]]'' (Civil Code of 1838)
| 1848
| Still in force in [[Indonesia]] since 1848, while its replaced by [[Burgerlijk Wetboek|Nieuw Burgerlijk Wetboek]] in [[The Netherlands]]. This Civil Code as known as [[Civil Code of Indonesia]].
|-
| {{flag|Italy}}
| ''[[Italian civil code|Codice Civile]]'' (Civil Code)
| 1942<ref>{{cite web |url=http://www.jus.unitn.it/cardozo/obiter_dictum/codciv/codciv.htm |title=Il Codice Civile Italiano |language=it |publisher=Jus.unitn.it |access-date=2013-11-26 |archive-date=2010-01-22 |archive-url=https://web.archive.org/web/20100122230738/http://www.jus.unitn.it/cardozo/Obiter_dictum/codciv/Codciv.htm |url-status=dead }}</ref>
|
|-
| {{flag|Japan}}
| [[Civil Code of Japan|民法, ''Minpō'']] (Civil Code)
|
* Parts 4–5: 1898
|
|-
Line 236 ⟶ 256:
| 1999
| Replaced the 1966 Portuguese Civil Code
|
|-
| [[Mesopotamia]]
Line 253 ⟶ 274:
| 1838
| style="background:#fbe4e3;"| Defunct
| Still in force in [[Indonesia]] since 1848, as the Indonesian Civil Code
|-
| {{flag|Netherlands}}
Line 259 ⟶ 280:
| 1992
| rowspan="5" style="background:#ecfdb8;"| In force
|-
| {{flag|Philippines}}
| [[Civil Code of the Philippines]]
| 1950
|-
| {{flag|Poland}}
| ''[[Kodeks cywilny]]'' (Civil Code)
| 1964
|-
| {{flag|Portugal}}
Line 285 ⟶ 306:
| 1794
| style="background:#fbe4e3;"| Defunct
|-
| {{flag|Puerto Rico}}
Line 291 ⟶ 312:
| 1930
| rowspan="1" style="background:#ecfdb8;"| In force
|-
| {{flag|Quebec}}
Line 319 ⟶ 340:
| 1844
| style="background:#fbe4e3;"| Defunct
| Drafted by [[Jovan Hadžić]]; officially defunct in 1946 but mostly repealed in 1978 by a new Obligations Act; some articles which have no legal equivalent in current day Serbian law are still in force
|-
| {{flag|Spain}}
| ''[[Spanish Civil Code|Código Civil]]'' (Civil Code)
| 1889
| rowspan="
|
|-
Line 334 ⟶ 355:
| {{flag|Taiwan}}
| ''[[Civil Code (the Republic of China)|民法 (中華民國)]]'' (Civil Code)
|
* PART III Rights In Rem: November 30, 1929
▲• PART V Succession: December 26, 1930
|
|-
| {{flag|Thailand}}
| [[Civil and Commercial Code]]
|
▲• Book 5: 1935
▲• Book 6: 1935
|
|-
| {{flag|Turkey}}
| ''[[Türk Medeni Kanunu]]'' (Civil Code)
| 2001
| Replaced the [[Turkish civil code (1926)|1926 Turkish Civil Code]]
|-
| {{flag|Ukraine}}
| [[Civil Code of Ukraine]]
| 2004{{Clarify|date=March 2008}}
▲|
|
|}
| |||