FRENCH CIVIL LEGISLATION PRIOR AND AFTER THE REVOLUTION Cover Image

ФРАНЦУСКО ГРАБАНСКО ЗАКОНОДАВСТВО ПРЕ РЕВОЛУЦИЈЕ И ПОСЛЕ ЊЕ
FRENCH CIVIL LEGISLATION PRIOR AND AFTER THE REVOLUTION

Author(s): Obren Stanković
Subject(s): History of Law, Civil Law
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: The French Civil Code has an eclectic character whose sources may be found in pre-revolutionary law (customary law, written Roman law in the soil of France, king’s ordinances, the findings of principle of higher courts, 'treatises, Canon law) but also in the revolutionary legislation. Closely connected to the above is the feasured spirit of the Code, where essential achievements have been adopted of the Revolution, but also those of traditional bourgeois values which have been compatible, at the same time avoding excesses of the revolutionary period, some of which endangered the institutes of ownership, marriage, morals. The law-makers themselves, too, have been practical in an attempt to create a work understandable to a wider circle of users. The wording is therefore clear, direct and concise as to the meaning of provisions and solutions'. In such a way the courts were free to develop the law of the Code, permanently adapting it to thd needs of life. The lenguage of the Code is direct, clear, without adornment, but also without dullness and rather elegant. These properties have provided the Code with longevity in France and with expansion and prestige without precedent in the world.

  • Issue Year: 37/1989
  • Issue No: 6
  • Page Range: 707-714
  • Page Count: 8
  • Language: Serbian