#civil code

Allegory of Justice

Artist: Charles Meynier (French, 1768-1832)

Date: 1815

Medium: Oil on canvas

Probably the best codification work of the Rhine Confederation period was the draft of a "General Civil Code for the Kingdom of Bavaria" from 1808/09, which was essentially based on the suggestions of Paul Johann Anselm von Feuerbach. By starting codification work, the Bavarian King Maximilian IV wanted to give in to Napoleon's urging to introduce his code in Bavaria as well. In a report for the Ministry of Justice in 1808 "on the manner of introducing the Code Napoleon in a German country", Feuerbach highlighted the main ideas of the Code Napoleon: freedom of the person; legal equality of subjects; equality of laws for all citizens of the state ; Freedom of property as well as independence and independence of the state from the church in all civil matters. For him, the Napoleonic Code was a result of the French Revolution: "It was the purpose of French legislation, on the one hand, to completely end the Revolution, on the other, to perpetuate the beneficial results of the Revolution".

Anyone who wants to destroy the basic ideas of a code of law through modification kills “the truly spiritual life of it and turns the living body into a corpse. In the modification retort, on which the inconvenient spiritus rector was supposed to evaporate, nothing more than a caput mortuum would ultimately remain, which would hardly be worth keeping. Precisely those parts of French legislation which contradict our existing German principles are its brightest points." When the discussions of the draft in the Privy Council were almost completed, the conservative aristocratic opposition brought down the proposal in 1809/10. Particularly because of the changes to mortgage law proposed by Feuerbach, the Bavarian draft represents a German version of the Napoleonic Code that is quite equal to the French original. Feuerbach paid particular attention to the linguistic version: insofar as a regulation of the Napoleonic Code should be retained, he was concerned with translating the French original into a "pure German legal language, not tainted by any provincialisms, possibly with the same advantages." However, this should not obscure the fact that the Commission has often exceeded the limits of mere translation. The most important change was that almost all traces of the French judicial constitution were erased from the draft. Article 530 of the Code Napoléon was also modified so that the replacement of perpetual basic pensions should only be permitted with the consent of both parties. The inheritance law was based on the succession order of Austrian law. The property law, which was almost completely ignored by the Napoleonic Code, was regulated in a separate chapter.

Source: Werner Schubert, Der Code civil (Code Napoléon) in Deutschland und das Reichsgericht

Law of Obligations

Aug 8th

It's been raining on and off all day today for the typhoons are heading toward here.

Marius would inherit Mlle Gillenormand's money, since she is unmarried. He is her direct male descendant, iirc. If she was married, her husband would have her money which may be also why she was not allowed to marry. I think there is a greater certainty that Marius will inherit that money since I think Theodule is a much distant relation. I personally think that Gillenormand has traumatised Mlle Gillenormand so much that despite having money, she can't envision freedom.

He really has traumatized her that much. :(

And it does seem like he may have kept her from marrying because he wanted to keep control of that money. :( :(

The inheritance thing is confusing me, and I should probably go check the Code. It seems like she has some ability to choose, in a way that a lot of French inheritance law didn’t allow for. I’m hazy on what “direct” means according to the law--he’s the closest, it sounds like, but there’s no parent-to-child lineage. He’s her half-sister’s son.

Maybe that’s why she seems to have some choice here? Because she does--it says in this chapter that he’s the most obvious choice for her money to go to, but it implies some ability to choose. (I forget how she’s related to Theodule. Plus, she seems like the kind of person who might decide to endow a convent or church instead.)

Hello anon! 

I have since deleted the reblog including the petition link. However it is still within the notes of the post and I will include it here for anyone finding it! http://chng.it/vBLy5Ytgtc

I would like everyone to know that the civic code described in my post was a draft. However, there was a lot of misinformation going around the news, especially in English media (since American media does not care about Puerto Rican issues most of the time). However, there is still much controversy around the new bill that was signed and this is why I believe my post is still relevant. 

Most of the issues surrounding the bill were caused by loopholes. These loopholes included the acknowledgement of the rights of an unborn fetus, and the rollback of a transgender person’s right to change their sex on their birth certificate. There are also many civil rights involved that include marriage, property ownership, and familial relations.

 I have been notified by a fellow Puerto Rican that the pregnant person’s rights will always be held above the unborn fetus’ rights, which is a very good thing. However, I am still concerned with the inclusion of “fetus rights” as many people may take advantage of the amendment and interpret it in a way that benefits them. 

The same person has also notified me that although transgender people can’t change their sex on their birth certificate, they can still do so on other documents such as passports and licences. This issue still concerns me, however, as it is blatantly a rollback on transgender rights as they were allowed to change their sex on their birth certificate since 2018. Now with this code, they are only allowed to make an annotation that includes their gender identity and preferred name.

5.11.2019, 13:34