Drafting the Civil Code
Type de matériel :
4
The drafting of the Code civil was facilitated on the one hand by the impulse given to it by the executive throughout the whole process of its elaboration, and on the other by the decisive contribution of the Conseil d'État, a body founded via the Constitution de l’An VIII which played the key role linking Consular power with the legislative assemblies. The success both political and juridical of the Code Napoléon is furthermore indissolubly attached to the personalities of its principal compilers, namely Tronchet, Bigot de Préameneu, Portalis and Maleville, whose moderate and conservative liberalism proved the ideal context for the synthesis of the juridical individualism and rationalism emerging from the Revolution and the tradition of old French law. All these factors, which contributed to the success of the Code civil in terms of the quality of its jurisprudence and the broad stretch of its political, historical indeed geopolitical impact, are umbilically connected to the personality of the man who oversaw the project. The energy and force of will of the First Consul Bonaparte were decisive elements in the success of the enterprise; indeed so much so that many of his contemporaries saw him as the incarnation of the figure of the Great Legislator imagined by Jean-Jacques Rousseau, the man of providence who laid the foundations of modern France, a sort of Moses and Lycurgus combined.
Réseaux sociaux