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Acivil code is a codification ofprivate law relating toproperty,family, andobligations.
A jurisdiction that has a civil code generally also has acode 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 acommercial code.
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The history ofcodification dates back to ancientBabylon. The earliest surviving civil code is theCode of Ur-Nammu, written around 2100–2050 BC. TheCorpus Juris Civilis, a codification ofRoman law produced between 529 and 534 AD by theByzantine emperorJustinian I, forms the basis ofcivil law legal systems that would rule overContinental Europe.
Other codified laws used since ancient times include various texts used inreligious law, such as theLaw of Manu inHindu law, IslamicSharia law, theMishnah in JewishHalakha law, and theCanons of the Apostles in ChristianCanon law.
The idea of codification re-emerged during theAge of Enlightenment, when it was believed that all spheres of life could be dealt with in a conclusive system based on humanrationality, following from the experience of the early codifications ofRoman Law during theRoman Empire.
The first attempts at modern codification were made in the second half of the 18th century inGermany, when the states ofAustria,Prussia,Bavaria andSaxony began to codify their laws. The first statute that used this denomination was theCodex 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, theAllgemeines Landrecht für die Preussischen Staaten (General National Law for the Prussian States) promulgated by KingFrederick II the Great. In Austria, the first step towards fully-fledged codification were the yet incompleteCodex Theresianus (compiled between 1753 and 1766), theJosephinian Code (1787) and the completeWest Galician Code (enacted as a test inGalicia in 1797). The finalAustrian Civil Code (calledAllgemeines bürgerliches Gesetzbuch, ABGB) was only completed in 1811 after the dissolution of theHoly Roman Empire under the influence of theNapoleonic Wars. One of the first countries to follow up throughlegal transplants in codification wasSerbia, theSerbian Civil Code (1844).
Meanwhile, theFrenchNapoleonic code (Code Civil) was enacted in 1804 after only a few years of preparation, but it was a child of theFrench 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 theNapoleonic Wars. In particular, countries such asItaly, theBenelux 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), theLatin American countries, the province ofQuebec inCanada, 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 ofLouisiana in theUnited States based their civil code on the Napoleonic code. Rather, the drafters of the code were instructed to write a civil code based on the current laws, and the laws that were in effect at the time were Spanish laws based onLas Siete Partidas.[2]
The late 19th century and the beginning 20th century saw the emergence of the School ofPandectism, whose work peaked in theGerman Civil Code (BGB), which was enacted in 1900 in the course of Germany's national unification project, and in theSwiss 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 asJapan,Greece,Turkey, Portugal (1966 Civil Code) andMacau (1999 Civil Code).
Since 2002 with the First law of the Civil Code of Catalonia, Parliament of Catalonia's several laws have approved the successive books of theCivil 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 thecommon law countries of the United Kingdom and Ireland, onlyScandinavia 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 ofcomparative law and economists promoting thelegal origins theory of (financial) development usually subdivide the countries of thecivil law tradition as belonging either to the French, Scandinavian or German group (the latter includingGermany,Austria,Switzerland,Liechtenstein,Japan,China,Taiwan,South Korea andUkraine).
The first civil code promulgated inCanada was that ofNew Brunswick of 1804, inspired by the 1800 project of the French civil code, known as theProjet de l'an VIII (project of the 8th year); nevertheless, in 1808 aDigeste de la loi civile was sanctioned.[citation needed]
In theUnited 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 ofad hoc statutes; that is, they do not aspire to complete logical coherence. For example, theCalifornia Civil Code largely codifies common law doctrine and is very different in form and content from all other civil codes. Another unique example is theLouisiana Civil Code, based on Spanish lawLas Siete Partidas, but incorrectly credited to be based on French Law.[3][4]
In 1825,Haiti promulgated aCode Civil, that was simply a copy of the Napoleonic one; whileLouisiana abolished itsDigeste, replacing it with theCode Civil de l'État de la Louisiane the same year.[citation needed]
TheMexican state ofOaxaca promulgated the first Latin American civil code in 1827, copying the French civil code.[citation needed]
Later on, in 1830, the civil code ofBolivia, a summarized copy of the French one, was promulgated byAndrés de Santa Cruz. The latest, with some changes, was adopted byCosta Rica in 1841.[5]
TheDominican Republic, in 1845, put into force the original Napoleonic code, in French language (a translation in Spanish was published in 1884).[6]
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 (ofRoman origin) that was previously in force on the Peruvian territory.[citation needed]
Chile promulgated itscivil 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 byAndrés Bello (begun in 1833). This code was integrally adopted byEcuador 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; andPanama (after its separation from Colombia in 1903).[citation needed]
In 1865, the Code Civil du Bas-Canada (orCivil Code of Lower Canada) was promulgated inLower Canada (later theCanadian province ofQuebec). It was replaced in 1991 by a newCivil Code of Quebec, which came into effect in 1994.[citation needed]
Uruguay promulgated its code in 1868, andArgentina in 1869 (work byDalmacio Vélez Sársfield).Paraguay adopted its code in 1987, and in 1877Guatemala adopted the Peruvian code of 1852.
Nicaragua in 1904 replaced its civil code of 1867 by adopting the Argentine code. In 1916Brazil enacted its civil code (project ofClovis Bevilacqua, after rejecting the project byTeixeira de Freitas that was translated by the Argentines to prepare their project), that entered into effect in 1917 (in 2002, theBrazilian 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]
Panama in 1916 decided to adopt the Argentine code, replacing its code of 1903.[citation needed]
Cuba had the old Civil Code of Spain until the year 1987 when theNational Assembly of People's Power approved the Cuban Civil Code, Law 59.[citation needed]
The Portuguese Civil Code of 1868 was introduced in the Portuguese overseas territories of Asia (Portuguese India,Macau andPortuguese Timor) from 1870, with local modifications being latter introduced. It continued to be in effect in the former Portuguese India even after the end of the Portuguese rule in 1961. It is still in force in the present Indian territories ofGoa (locally referred as theGoa civil code),Daman and Diu andDadra and Nagar Haveli. As Macau and Portuguese Timor were still under Portuguese rule when the Portuguese Civil Code of 1868 was replaced by that of 1966, this later was adopted by these territories. InEast Timor (ex-Portuguese Timor), the Portuguese Code was replaced by the Indonesian Code when Indonesia occupied that territory in 1975. Macau adopted its own Civil Code in 1999, although this being based in the Portuguese Code of 1966.[7]
Also the civil code of Spain of 1889 would be enforced in itscolony, thePhilippines, and this would remain in effect even after the end ofSpanish rule until thePhilippines enacted its ownCivil Code in 1950 after almost fifty years of U.S. rule.
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 ofChina,Japan,Korea,Thailand (the Civil and Commercial Code),Taiwan andIndonesia (which is influenced by the Dutch Civil Code,Burgerlijke Wetboek).
TheIndian Constitution in its Directive Principles of State Policy recommends to aUniform Civil Code in ts Article 44. The Indian parliament is yet to pass a law in this regard.[8]
A typical civil code deals with the fields of law known to the common lawyer aslaw of contracts,torts,property law,family law and the law ofinheritance.Commercial law,corporate law andcivil procedure are usually codified separately.
The older civil codes such as the French, Egyptian, Austrian and Spanish ones are structured under theInstitutional System of theRoman juristGaius and generally have three large parts:
The newer codes such as the ones of Germany, Switzerland, Greece, Portugal, Romania and Catalonia are structured according to thePandectist System:
The civil code of the state ofLouisiana, following the institutions system, is divided into five parts:
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.
The following is the list of national or regional civil codes by alphabetic order of names of countries or regions:
| Country/region | Name | Year of promulgation | Status | Note |
|---|---|---|---|---|
 Austria | Allgemeines bürgerliches Gesetzbuch | 1812 | In force | |
 Albania | Civil Code of the Republic of Albania | 1994 | ||
 Armenia | Armenian Civil Code | 1998 | ||
 Bavaria | Codex Maximilianeus bavaricus civilis | 1756 | Defunct | |
 Brazil | Código Civil (1916 Civil Code) | 1916 | ||
| Brazil | Código Civil (2002 Civil Code) | 2002 | In force | Replaced the previous 1916 Civil Code |
 Cuba | Código Civil (1987 Civil Code) | 1987 | Replaced the previous Spanish Civil Code[1] | |
 California | California Civil Code | 1872 | ||
 Catalonia | Codi civil de Catalunya (Civil Code of Catalonia)[9][10] |
|
| |
 Chile | Código Civil (Civil Code) | 1855 | Drafted mostly byAndrés Bello and the basis of the codes ofColombia,Ecuador and otherLatin American countries | |
 Czech Republic | Občanský zákoník (Civil Code) | 2012 |
| |
 China | 民法典,Minfadian (Civil Code) | 2020 | The legislation of the Civil Code of China was started in 1954, after the first Constitution was adopted. However, legislation was stopped and resumed for several times, while China adoptedseveral civil laws instead. In 2014, the current legislation procedure started, and the first part, the General Provisions, was adopted in2017 National People's Congress. Despite the delay of the2020 National People's Congress due to theCOVID-19 pandemic, the Congressmen gathered in Beijing on May 22 to discuss and vote for the Civil Code. It was passed on May 28 and came into force on January 1, 2021. | |
 Denmark | Codex Holmiensis | 1241 | Defunct | |
 Egypt | Egyptian Civil Code | 1948 | In force | |
 France | Code civil des Français (French Civil Code) | 1804 | LaterCode Napoléon and todayCode civil. Replaced theCustom of Paris. 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 jurisprudenceconstante, to interpret the law. It might also had influenced other countries. | |
 Germany | Bürgerliches Gesetzbuch (Civil Code) | 1900 | ||
 Greece | Αστικός Κώδικας (Civil Code) | 1946[12] | Replaced theHexabiblos and the Civil Law of 1856; also locally the 1841 Ionian Civil Code, 1899 Civil Code of Samos, and the 1904 Cretan Civil Code[13] | |
 Indonesia | Burgerlijk Wetboek (Civil Code of 1838) | 1848 | Still in force inIndonesia since 1848, while its replaced byNieuw Burgerlijk Wetboek inThe Netherlands. This Civil Code as known asCivil Code of Indonesia. | |
 Italy | Codice Civile (Civil Code) | 1942[14] | ||
 Japan | 民法,Minpō (Civil Code) |
| ||
 South Korea | 민법,Minbeop (Civil Code) | 1958 | ||
 Latvia | Civillikums (Civil law) | 1937 | ||
 Louisiana | Louisiana Civil Code | 1825 | Replaced the Louisiana Civil Code Digest of 1808 | |
 Macau | Código Civil (Civil Code) | 1999 | Replaced the 1966 Portuguese Civil Code | |
| Mesopotamia | Code of Hammurabi | c. 1780 BC | Defunct | |
 Nepal | Muluki Ain (Civil Code) Act, 2018 (Civil Code) | 2018 | In force | |
 Netherlands | Burgerlijk Wetboek (Civil Code of 1838) | 1838 | Defunct | Still in force inIndonesia since 1848, as the Indonesian Civil Code. It was also applied in Timor-Leste,de facto from 1976 to 2002 andde jure from 2002 to 2011. |
| Netherlands | Nieuw Burgerlijk Wetboek (Civil Code of 1992) | 1992 | In force | Replaced the 1838 Civil Code in its entirety; came into force in 1992, replacing the Napoleonic-based code with a German-influenced code |
 Philippines | Civil Code of the Philippines | 1950 | Replacing the Civil Code of Spain which had been in force from 1889 to 1949 | |
 Poland | Kodeks cywilny (Civil Code) | 1964 | Official text in PolishArchived 2015-12-22 at theWayback Machine | |
 Portugal | Código Civil (1868 Civil Code) | 1868 | Replaced in Portugal itself by the 1966 Civil Code. However, it is still in force in the territories of the formerPortuguese India (now part of theRepublic of India), since it was introduced there in 1870, namely inGoa (referred as theGoa civil code),Daman and Diu andDadra and Nagar Haveli. It was proposed to serve as the basis for the establishment of a commonuniform civil code of India. | |
| Portugal | Código Civil (1966 Civil Code) | 1968[15] | Replaced the Civil Code of 1868 in Portugal and its overseas territories. Besides being in force in Portugal, it is also in force inAngola,Cape Verde,Guinea-Bissau,Mozambique andSão Tomé and Príncipe. It also has a marked influence in the Macau Civil Code of 1999, the Brazilian Civil Code of 2002 and the Timor-Leste Civil Code of 2011. | |
 Prussia | Allgemeines Landrecht (General Law of the Land) | 1794 | Defunct | An incredibly casuistic, and thus unsuccessful, code of 11000 sections |
 Puerto Rico | Puerto Rico Civil Code | 1930 | In force | Reproduction of the Spanish Civil Code, with the inclusion of some articles from the Louisiana Civil Code. Title 31 of theLaws of Puerto Rico. |
 Quebec | Civil Code of Lower Canada | 1865 | Defunct | In force in Quebec until being replaced by the Civil Code of Quebec in 1994. Replaced theCustom of Paris. |
| Quebec | Code civil du Québec (Civil Code of Quebec) | 1994 | In force | Replaced the former Civil Code of Lower Canada |
 Romania | Civil Code of Romania | 2011 | Replaced the Civil Code of 1865 | |
 Russia | Civil Code of Russia | 1994 | ||
 Serbia | Грађански законик,Građanski zakonik (Civil Code) | 1844 | Defunct | Drafted byJovan 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 |
 Spain | Código Civil (Civil Code) | 1889 | In force | |
 Switzerland | Zivilgesetzbuch (Civil Code) | 1907 | ||
 Taiwan | 民法 (中華民國) (Civil Code) |
| ||
 Thailand | Civil and Commercial Code |
| ||
 Turkey | Türk Medeni Kanunu (Civil Code) | 2001 | Replaced the1926 Turkish Civil Code | |
 Ukraine | Civil Code of Ukraine | 2004[clarification needed] |
