22-05-2025
Is the Napoleonic Code really still in force in France?
If you are looking to move to France - or you are seeking out the warnings and advice of foreigners already living here - you might be cautioned that "France still has the Napoleonic code in place".
This warning may conjure up images of a person being sent to a remote island as punishment, but the Napoleonic code is not as antiquated as it might sound.
In fact, much of the original code is still in use today, though of course there have been many amendments over the years.
What is the Napoleonic code?
The Napoleonic code is also known as the Code Civile des Français, and it was enacted in 1804, just a few years after Napoleon Bonaparte took power.
It was not the world's first civil law system, but it was one of the most influential - and remains an influence on the laws of modern France and many other countries.
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After taking power, Napoleon took it upon himself to deal with the patchy mess that was France's legal system.
Prior to the Revolution, there was no secular, civil code covering the entire territory. Instead, there were feudal laws that differed from place to place, while the church enforced rules related to family, marriage and personal behaviour.
During the Revolution, the feudal system and the Catholic church were stripped of much of their power in France, with many of their previous rules repealed. For example, homosexuality was decriminalised and slavery outlawed.
Napoleon commissioned four jurists to draft the legal code, and he headed up the committee as chairman.
The final version of 1804 was encompassed four 'books' (
livres
), covering 'people', 'property', 'different manners of acquiring property', and 'procedure' (the latter was eventually withdrawn).
The Napoleonic code may be seen as modern and progressive in some ways - as it strengthened secularism and created a concept of equal rights enshrined by the law (for men).
However, it was very patriarchal, walking back much of the progress women made during the Revolution and making them '
minors
' under the law. According to
Vie-Publique
, it "deprived women of legal rights, making them subject to the authority of their father and husband."
These days, although the framework of the Napoleonic code remains in place, many parts have been either repealed or modified. Much if it has also been superceded by more recent domestic laws or international protocols such as the European Convention on Human Rights.
During the 20th century, large segments of the civil law were reformed and rewritten to better reflect modern France.
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For example, the loi 85-1372 of December 1985 reformed part of the 'Napoleonic code', granting spouses "joint management of the community life" and removing any references to 'husband or wife' to emphasise equality of spouses.
You can actually read through the 'Code Civile' that is currently active on the
LegiFrance website.
So why do people still warn about the 'Napoleonic code'?
If someone warns you about this it's likely that they're talking about French rules about inheritance that came in via the Napoleonic code, and which remain in effect today (with some modernising portions).
While the Napoleonic code in its original form was kind of an attempt at marrying the traditional ideas of the Ancien Régime with the liberalism of the Revolution, Napoleon's approach to inheritance was a stark move away from the feudal system.
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Previously, the estate would be passed down to the oldest male heir. This created the tradition of the second son joining the military, and then the third son joining the clergy (hence the term
cadet
for younger children).
Napoleonic law made legitimate children equal in their right to the same portion of the parents' estate. There was a distinction for 'illegitimate' children, but this was amended in the 1970s.
Today, the same idea is applied in French law - it is illegal to disinherit children, and they are all entitled to a portion of the estate.
This applies to French people and also foreign residents or property owners - and it frequently causes consternation among foreigners as France is one of very few countries to have this system.
READ MORE:
Death and taxes: What you need to know about estate planning in France
Napoleon's influence is still visible in many aspects of French life, from the invention of the lycée (secondary school) system to the Legion of Honor (
Légion d'honneur
).
If you plan on applying for French citizenship (or if you're just interested) you can study up on his contributions to France in the Livret du Citoyen.
READ MORE:
What is France's 'Livret du Citoyen' and why might it be vital to you
