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Development of French bourgeois law
The French bourgeois revolution brought about fundamental changes in feudal law France.
Decree dated February 16, 1791, the guild system was abolished, as well as by law dated March 1, 1791, which granted "every" person the right to freely engage in fishing and trade.
With regard to family relations, the revolution terminated canon law, recognized secular marriage, allowed divorce, including by mutual agreement of the spouses, and abolished parental authority over adult children. Illegitimate children (with the exception of those born from an "adulterous" relationship) were equalized in rights with "legitimate" children, but on the condition that they were recognized by the father.
Even more significant changes were made to the system of the old criminal law. Adopted in 1791 BC By the Constituent Assembly, the criminal code proceeded from the following principles: the criminal law must be humane; there is no crime that is not specified in the law; The punishment must be proportionate to the crime and quite definite.
In court and legal proceedings, the revolution has done no less. It suffices to refer to the trial by jury introduced by the constitution. 1791 BC, on the adversarial form of the process (instead of accusatory), the presumption of innocence.
1804 Napoleon Bonaparte enacted the Civil Code France (Napoleon Code). In its three parts - persons, things, obligations - the Code 1804 BC regulated the property relations of the bourgeois France.
Despite the diversity of its sources, the Napoleonic Code becomes "an exemplary code of laws of bourgeois society." Standing above all the codes that existed in his time, thanks only to the fact that he recognized in principle the equality of citizens, the Napoleonic Code became a code of laws that formed the basis for the codifications of civil law in all parts of the world.
A few years later the government Napoleon enacted the Commercial Code (1807), Code of Criminal Procedure (1808) and the Criminal Code1810).
The Commercial Code served, as it were, as an addition to the Civil Code, but was noticeably inferior to it both in content and in form. The Code considered and regulated such important legal relations in bourgeois society as commercial activities, partnerships and trade exchanges, international and maritime trade, bankruptcies, etc. In some contradiction with the Civil Code, a woman was allowed to engage in commercial activities, but on the condition that husband's consent.
Shortcomings of the Code very early demanded changes and additions of the norms contained in it. This purpose was served by the law 1838 BC bankruptcy law 1841 BC about trade and auctions, etc.
Procedural code France 1808 created the so-called mixed process based on the principle of competition and publicity of the process.
The influence of the French criminal process affected the German Code of Criminal Procedure 1877 BC, Austrian code 1873 BC, Russian Statutes of criminal proceedings 1864 BC etc.
Commission for the drafting of the Criminal Code, whose main figure was Tarje, was appointed consul in 1801 BC В 1804 BC work was interrupted and resumed only in 1808 BC
В January 1810 After discussion in the State Council, which held 41 meetings, the draft Code was transferred to the Legislative Corps and was approved here without debate. The Code came into force on 1811 BC (simultaneously with the CPC).
Criminal law Belgium, Holland, Italy, Prussia, Austria, Bavaria, Portugal, Mexico and many other countries adopted the Code 1810 BC as a classic, and it really served as a "classic original" for them.
Author: Selyanin A.V.
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