Question

What features of the Code Napoleon do you agree with the most? What features do you agree with the least? Why?

Answer 1

The drafting of the Code was the result of the accumulated experience of generations. A number of sources were tapped in the writing of the Code, including the Coutumes, Roman law, Royal Ordinances, canon law, and Revolutionary law.  Predominantly customary or common law prevailed.  Customary law supplied the articles dealing with the disabilities of married women, community property, and succession.  Roman law was the source for ownership, obligations, contracts and the marriage property system.  Royal Ordinances served as the basis for certificates of civil status (the Ordinance of April 1667), gifts wills and entails (the Ordinances of 1731, 1735, and 1747), evidence (the Ordinance of Moulins of 1566 and the Ordinance of April 1667) and the redemption of mortgages (the Edict of 1771).  Revolutionary laws were adopted for the age of majority, marriage, and the system of mortgages.  The Civil Code enforced the Revolutionary laws dealing with the partition of estates among heirs.  Canon law supplied rules dealing with marriage and legitimation.