Code Napoleon

By Sean Labuschagne
Boiketlo Tshabangu
Happy Modiba
The beginning of Code Napoleon

• The need for Code napoleon rooted in the fact that France did
not have a homogenous law system throughout the country
prior to the French revolution
• Napoleon saw the need to create his own law system therefore
establishing himself as a leader
The creation of Code Napoleon

• Finally, the consulate, with Napoleon Bonaparte as first consul created the

final draft that was submitted first to the legislative section and then to
the plenary assembly of the newly reorganized Council of State
• With the support of Napoleon as chairman, it was enacted into law, in the
form of 36 statutes passed between 1801 and 1803. On March 21, 1804,
those statutes were consolidated in a single body of law—the Civil code of
the people of France
The introduction of Code Napoleon

• Code Napoleon was first known as The civil code of the French people
• The civil code of the French people was introduced in 1804
• It became known as Code Napoleon in 1807
• This law was also enforced in French colonies such as Belgium, Luxembourg, Italy and
parts of Germany
Societal acceptance of Code Napoleon

• When the civil code of the French people was rewritten to Code Napoleon it was meant to
promote equality and fairness to replace laws that were based off customs, societal
positions and ties to the monarchy
• The rewriting of the civil code was justified by the reasoning that it would be rational, just
and not written by any God nor Monarch
What Code Napoleon entailed

• All male citizens were supposed to be equal, with no regard to nobility and
class. But in turn, much of the revolution’s liberalism was lost and France
turned back to Roman law. The code did not extend to the freedom of
women, who were subjugated to fathers and husbands. Freedom and the
right of private property were key, but branding, easy imprisonment, and
limitless hard labor returned. POC suffered, and enslavement was allowed
in French colonies. In many ways, the Code favored conservatism and
traditional values.
Cons of the Code Napoleon

1. Code Napoleon did not include nor represent everyone

2. The code was a disadvantage to people of colour, white women and children
3. The code stripped women of their rights and meagre wages
4. Gave authority to strip illegimate children of rights
5. It was not the first civil code, and many people denied it due to it contradicting their
beliefs and ideals
6. This code reintroduced Colonial slavery
7. Women could not participate in lawsuits or serve as witnesses in court or as witnesses
to civil acts such as births, deaths, and marriages. Such a reduction in a woman’s civil
status enhanced that of the individual male