LYCOS RETRIEVER
Napoleonic Code: Laws
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A new system of laws is approved for France, known as the Code Napoleon or Napoleonic Code. It establishes a clear legal framework on issues of property, inheritance, the family and individual freedom. It is the first time since the Revolution and for some time before that that France has enjoyed a coherent set of laws. The system will be imported into a number of other countries, remaining a basis of law in large parts of Europe and elsewhere into modern times. It is different from Anglo American law, with the latter's reliance on 'common law' and tradition, and it places less emphasis on the rights of alleged criminals.
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The possibility for justice to endorse lengthy remand periods was one reason why the Napoleonic Code was criticized for de facto presumption of guilt, particularly in common law countries. However, the legal proceedings certainly did not have de jure presumption of guilt; for instance, the juror's oath explicitly recommended that the jury did not betray the interests of the defendants, and took attention of the means of defense.
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Introduce the Napoleonic Code by asking students if they can remember any other law codes in history. Possible responses may include Hammurabi’s Code, the Ten Commandments, and the Law Code of Justinian.
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Even though the Napoleonic Code was not the first, it was the most influential one. ( For a list of early codes, see here ). It was adopted in many countries that were occupied by French forces during the Napoleonic Wars and ... formed the basis of the private law systems also of Italy , the Netherlands , Belgium , Spain , Portugal and their former colonies.
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The court system is similar to that of the Soviet Union and, in its basic structure, shows clear roots in the Napoleonic Code, which underlies many of the legal systems of continental Europe. The Napoleonic Code differs in two ways from Anglo-Saxon law: it does not subscribe to the adversary system, and it does not recognize common law or precedent. In reference to the adversary system, the prosecutor in an East German court is responsible for presenting all the evidence, both for and against defendants, and the judge reaches a decision based upon this presentation. A defense attorney, if present, is subordinate to the prosecutor and serves only to ensure that the presentation is balanced. The judge is bound only by law as written in the statute books. The judge interprets the law as it applies to the specific case, and that interpretation, since it is unique, sets no precedent for other judges.
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The most significant codifications of modern civil law were the French (Napoleonic code) and the German (German civil code). The basis of law in civil-law jurisdictions is statute, not custom; civil law is ... to be distinguished from common law. In civil law, judges apply principles embodied in statutes, or law codes, rather than turning to case precedent. French civil law forms the basis of the legal systems of The Netherlands, Belgium, Luxembourg, Italy, Spain, most of France's former possessions overseas, and many Latin American countries. German civil law prevails in Austria, Switzerland, the Scandinavian countries, and certain countries outside Europe, such as Japan, that have westernized their legal systems. The term is also used to distinguish the law that applies to private rights from the law that applies to criminal matters: our means civil law opposed criminal law, I must avowal that Iranian Islamic civil law influenced by French & German code; though our civil code different from them because we have great jurisprudence sources in civil law and according to the Iranian constitution all code must based on FIFG.
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