Roman Legal History
Continental Legal History
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The Strucutral Features of Western Law Illustrated by the 19th-Century Codes Code Napoleon (Napoleonic Code) (1804): bk. 1. Of Persons. (This is where the marriage sections come from) bk. 2. Of Property. bk. 3. Of the different modes of acquiring property. (This is where the wild animal section comes from) After this comes 1. Succession. 2. Donation. 3. Contracts in general. 4. Engagements formed without a contract (quasi-contract and delict). 5. Of the contract of marriage (marital property). 6–13. [Different kinds of contracts: sale, hire, partnership, loans, deposit, insurance, agency] 14–18. Security. 19. Ejectment. 20. Prescription. (The section on witnesses is in a separate Code of Civil Procedure. There is also a separate Code of Criminal Procedure (more provisions about witnesses), a Code of [substantive] Criminal Law, Commercial Law. Later a Code of Administrative Law was added.) Bürgerliches Gesetzbuch (German Civil Code) (1900): Bk. 1. General Part (General rules on persons, things, legal transactions, limitations, security) Bk. 2. Obligations (mostly contract, delict at very end) Bk. 3. Law of Things (wild animal provision is in here) Bk. 4. Family Law (marriage provision is in here) Bk. 5. Succession (The section on witnesses is in a separate Code of Civil Procedure. There is also a separate Code of Criminal Procedure (more provisions about witnesses), a Code of [substantive] Criminal Law, and of Commercial Law.) |
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