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Hereditary right.






1.'The Civil code to France of 1804, which referred to as with 1807, also Code of Napoleon, as subject of the civil right would acknowledge only physical persons.

At determination of the volume of rights code comes from principle legal equality.

2. On contents article, which denoted to right of property, the most influence had rendered revolutionary legislation and roman right.

The Civil code did not give the determination of ownership, it only enumerates main authorities of the owner - a use and dictation thing. Herewith it is proclaimed absolute character of property.

Depending on subject of the right the Code subdivided the property on:

- individual (private);

- state (the public possession);

- communal - public.

In code it is detailed specified right of owner of land, servitude (сервитут), order of section immovable estate between legal successors, guarantee of the land and so on.

Aside from ownership Code of Napoleon had other property rights: right on someone else belongings (uzufrukt (узуфрукт), residence in someone else house, servitude, right of guarantee), possession, keeping.

The Code of Napoleon destroyed difference between generic and good-obtained property, forbidden substitutions, allowed exchange immovable estates.

3. In accordance Code of Napoleon " agreement is consent, by means of which one or several bodies undertake on the other body or on several other bodies to give anything, do anything or not to do anything".

The notion of subject of agreement complied with notion of subject of obligation.

The Principles, on which were built contractual relations, such:

- principle of consent of obliged sides. Under consent of the sides French doctrine understood the consent of will (the internal psychic act).

The Code named events of possible distortion to will: if consent had given in consequence of error or had received by violence or fraud;

- principle of stability agreement: " Agreement, which lawfully concluded, occupies the place of law for one, who had concluded it. It can be cancelled only by mutual agreement of parties or on reasons, on strength of which law allows cancelling. It must be executed in good faith".

In code it is considered different types of agreements: presenting, exchange, sale and purchase, hiring. The most attention was spared on agreement sale and purchase. The agreement was considered concluded, when it had reached agreement on cause belongings and price. Simultaneously it occurred transition of ownership on buyer. The price of belongings is defined on discretion of the parties.

Aside from agreement to bases of the arising the obligations code refers causing the harm.

4. Code considered the marriage as agreement, for conclusion of which it was necessary to execute the row of terms:

- mutual consent of spouses (as in any agreement - a principle of consent of obliged parties);

- achievement of the marriage age (for mans - 18 years, for women – 15 years);

- not to consist in the other marriage;

- consent of parents for children, who didn’t reach of certain age (son - 25 years, daughter – 21 years).

The marriage was forbidden between persons, being between themselves in determined degree kinship or characteristic.

The Code allowed the divorce. Its reasons could be: adultery; the abuse, rough address or heavy insults of one of the spouses in respect of the other; awarding of one of the spouses to heavy and disgracing punishment; mutual and stubborn desire of the spouses to.

Relations between husband and wife were built on base of authorities and subservience: " Husband is obliged to render protection to his wife, wife - an obedience of husband".

The Effect of husband’s power was a limited law-ability and practically full incompetence of married woman. The incompetence of woman meant that she could not by herself realize no legal actions, as judicial, so outside of judicial.

The property relations of spouses were defined by marriage agreement, which concluded before completion of the marriage. On general rule if in marriage agreement had not specially provided other, property of wife entered in governing of husband and he ordered the income with this property.

The minor children were found under power of parents before achievement of the coming of age or before emancipation – liberation from beneath power.

Comparatively bastard children law allowed the possibility of their legalization, however only under their free will.

At the end of XIX – beginning XX cc. it were contributed changes, which concerning order of conclusion of the marriage:

- it were cancelled some formalities, which disturbing conclusion of the marriage;

- it was regulated question about conclusion of marriage by bastard child;

- mother had got the real right to yield consent on marriage to their children.

The divorce was cancelled in 1816, but in 1884 it is restored in a new type: it was considered as sanction for guilty behavior of spouse so divorce by mutual agreement was not restored.

Changes in relations of parents and children were expressed in weakening of father authorities, expansion rights of children and rights of mother.

5. The Code allowed the inheritance under the law and on testament. However testament liberty was limited and delivered in dependency from that had inheritance-giver left children or no. Under one child it was possible to order on testament half property, under two children -one quarter of property. If children were not, but inheritance-giver had relatives, rising on one lines, testator ordered three quarters of property, but if it remained relatives, rising on both line, - a half property.

Free from inheritance of dictation the property was inherited under the law. Relatives before twelfth degree had the right of inheritance. The nearest degree of kinship excluded the most further. At abence relatives with rights of inheritance the property was given to outlived spouse. In 1917 circle of legal successors was limited by the sixth degree of kinship.

 


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