Fauvarque-Cosson, Bénédicte; Fournier, Alice --- "France" [2012] ELECD 991; in Smits, M. Jan (ed), "Elgar Encyclopedia of Comparative Law, Second Edition" (Edward Elgar Publishing, 2012) 344

Book Title: Elgar Encyclopedia of Comparative Law, Second Edition

Editor(s): Smits, M. Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849804158

Section: Chapter 29

Section Title: France

Author(s): Fauvarque-Cosson, Bénédicte; Fournier, Alice

Number of pages: 5

Abstract/Description:

France (France) is officially named the French Republic (République française). Its legal system can be qualified as a ‘civil law’ system or as ‘continental law’. France is among the first countries in the modern period dating from the end of the 18th century to have adopted a codified legal system. The structure of principles and values are set out in the codes, notably the Civil, Criminal and Commercial Codes as well as the Codes of Civil and Criminal Procedure (Bell, Boyron and Whittaker, 2008, pp. 7 ff). The French Code Civil, enacted in 1804, is a masterpiece from the point of view of content, style and language (the spirit and essential features of the Code Civil are well described in Zweigert and Kötz, 1998, pp. 85 ff). According to Jean Carbonnier, one of France’s most famous private lawyers, the important text structuring French society is not the Constitution but rather the Civil Code. In a comparative perspective, the historical importance of the Civil Code as well as of France’s legal system is undeniable. French law is dominated by the idea of France as a Republic (the republican motto ‘Liberty, Equality, Fraternity’ has its influence in contract law, civil procedure, family law, labour law etc.). It is a constitutional and non-religious regime, acknowledging the importance of individual fundamental rights.