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Preliminary Address delivered on the occasion of the presentation
of the draft of the government commission, on 1 Pluviôse
IX (21 January 1801).
Promulgated on 21 March 1804, the Civil Code of France still
stands today as a towering monument in French legal history.
Some jurists under the Old Regime dreamed of unifying the old
French private law, which was divided between regions with customary
law and regions with statute law. The Constituent Assembly had
promised a new, unified Code. To carry out that dream Cambacérès
presented three successive drafts (1793, 1794 and 1796), but
the revolutionary assemblies failed to pass them. With the encouragement
of Bonaparte, and supported by a number of jurists drawn to the
new power, the Consulate successfully completed its codification
project. Resumed soon after the coup of Brumaire, the task of
drafting the code was given to a government commission whose
four members –Tronchet, Portalis, Bigot de Préameneu
and Maleville – worked on it for five months.
After the courts reviewed and commented on the draft, it was
reworked by the Council of State over almost a hundred sessions,
half of which were chaired by Bonaparte himself, who frequently
intervened in the debates, and then submitted to the Tribunate
and the Legislative Corps.
The Preliminary Address could be considered the preamble to
the draft Civil Code produced by the government commission between
August 1800 and January 1801. Although bearing the signatures
of all four commission members, the Preliminary Address is actually
the work of Portalis, whose moderate spirit inspired the drafters
of the Code. According to Portalis, legislators should remain
modest: a code should not try to say everything; it must leave
room for interpretation by the courts and jurists. This principle
led to the well-known saying, "the codes that govern peoples
are created over time; but, in reality, we do not create them." Apart
from its significance and value as a document of legal history,
the Preliminary Address is also a magnificent piece of propaganda
that presents the future code as a synthesis of new ideas and
the law of the Old Regime while at the same time exalting the
peacefulness of the Consulate after the Revolution.
Despite its great importance and near-legendary status, the
text of the Preliminary Address (Discours préliminaire)
can be difficult to find in French and, to our knowledge, did
not exist in English. Thus, we thought it would be useful to make it available to everyone on the Internet in both
English and French.
© |
The International Cooperation Group
Department of Justice of Canada
2004 |
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