The article also argues that Bolívar`s main goal in introducing systematic civil law was not to carry out liberal reforms for his country, but to regain the political power he once had by creating the legal independence of his regime. In addition, he looks at Bolivar`s relationship with Andres Bello, the creator of the Chilean Civil Code, Jeremy Bentham and Napoleon Bonaparte, to show how his ideas about codification changed. The term “Code Napoléon” is also used to refer to the jurisdictions of other jurisdictions influenced by the French Napoleonic Code, notably the Civil Code of Lower Canada (replaced by the Civil Code of Quebec in 1994), which is primarily derived from the Coutume de Paris, which the British continued to use in Canada after the Treaty of Paris of 1763. Most of the laws of Latin American countries are also influenced by the Napoleonic Code, for example the Chilean Civil Code and the Puerto Rican Civil Code. [23] In the United States, the legal system is largely based on English common law. But the state of Louisiana is unique in that it has a strong influence of the Napoleonic Code and Spanish legal traditions on its civil code. Spanish and French colonial troops fought for Louisiana for most of the 1700s, with Spain eventually ceding the area to the France in 1800, which in turn sold the area to the United States in 1803. [24] The 10th Amendment to the U.S. Constitution gives states control over laws that are not specifically delegated to the federal government, so Louisiana`s legal system retains many French elements. Examples of practical legal differences between Louisiana and other states include the bar exam and legal standards of practice for lawyers in Louisiana, which differ significantly from other states; Louisiana is the only U.S. state that practices forced inheritance of the estate of a deceased person; and some of Louisiana`s laws that conflict with the Uniform Commercial Code practiced by the other 49 states.

[25] This article supports the idea that Andres Bello benefited from different sources for different sections of his code when drafting the Chilean Civil Code. It is claimed that Bello was influenced by Spanish colonial law when he prepared laws on family matters. On the other hand, for commercial reasons, she claims that Bello was influenced by Code Napoleon. It also analyzes the historical and legal context of Chile to clearly demonstrate Bello`s adaptation of these laws. It uses examples to show how one country uses the codes of other countries to create its own. The Code Napoléon (French: Code Napoléon, lit. “Code Napoléon”), officially the Civil Code of French (French: Code civil des Français; simply called Code civil) is the French civil code that was introduced during the French consulate in 1804 and is still in force, although frequently amended. [1] The development of the Napoleonic Code was a fundamental change in the nature of the civil justice system, making laws clearer and more accessible. It also replaced the earlier conflict between the royal legislature and, particularly in the last years before the Revolution, the protests of the judges representing the views and privileges of the social classes to which they belonged.

Such a conflict led revolutionaries to judge judges and the judicial system negatively. This is reflected in the provision of the Napoleonic Code, which prohibits judges from ruling on a case by introducing a general rule, since the creation of general rules is an exercise of legislative power and not a judicial one. Theoretically, therefore, there is no case law in France. However, the courts have yet to fill gaps in laws and regulations and cannot refuse to do so. In addition, the Code and the law required judicial interpretation. Thus, a huge legally created law (jurisprudence) emerged. In French law, there is no rule of stare decisis (binding precedent), but the decisions of important courts are more or less equivalent to case law. Jean-Jacques Régis de Cambacérès led the process of drafting a uniform civil code. However, his plans of 1793, 1794 and 1799 were only partially adopted. When Napoleon came to power in 1799, a commission of four eminent jurists was created in 1800, chaired by Cambacérès (now Second Consul) and sometimes by the First Consul Napoleon himself. The code was completed in 1801 after extensive review by the Council of State, but was not published until 1804.

It was promulgated as the Civil Code of the French, but was renamed the Code Napoléon from 1807 to 1815 and again after the Second French Empire (1852–71). Although the Code Napoléon is not the first civil code and does not represent his entire empire, it is one of the most influential. It was adopted in many countries occupied by the French during the Napoleonic Wars. In the regions of the Western Rhine (Rhenish Palatinate and Prussian Rhine Province), the former Duchy of Berg and the Grand Duchy of Baden, the Napoleonic Code had an influence until the introduction of the Civil Code in 1900 as the first common civil code for the entire German Empire. [21] The purpose of this article is to analyze the historical, cultural and intellectual influences that played an important role in the construction of the mindset of Simon Bolivar, who attempted to codify Gran Colombia on the basis of the principles of the Napoleonic Code. Although Bolívar`s attempt failed, he clarified that the Napoleonic Code was used in the 19th century. Latin America is a member of the American state of Latin America. This semi-professional article analyzes the legal, political and theoretical context of the Napoleonic Code as well as the emergence and promulgation of this Code. It also highlights the development and impact of the Code Napoléon on the French community. The process developed mainly from different customs, but was inspired by the codification of Roman law by Justinian in the sixth century, the Corpus Iuris Civilis and the Code of Justinian (Codex).

The Napoleonic Code, however, differed from Justinian in many ways: it contained all sorts of earlier rules, not just laws; It was not a collection of edited excerpts, but a complete overhaul; Its structure was much more rational; It had no religious content and was written in the vernacular. The pre-Napoleonic French legal system lacked harmony. The word “system” cannot even be used to describe this web of laws because there was no systematic structure that ruled the France. Different provinces in France were governed by different laws. The southern provinces of France were governed by Roman law, while the northern provinces of France were governed by customary law.