Makovsky A.L. Lessons of the French Civil Code

Abstract: In this article the author examines the French Civil Code (Napoleonic Code) as a result of creative work of French lawyers and as a complex document, which reflects characteristic features of the French legal tradition. It is emphasized that it is important to consider such foreign experience both when improving domestic legislation and when conducting theoretical research. At the same time the author stresses that for these purposes it is essential to have the translations of the French Civil Code, which are not only up to date from the factual point of view, including the newest amendments and additions, but have the real theoretical nature, giving ground for the further profound work. It is pointed out in the article that such translations, including those containing comments on the legislation, should have the necessary references to the sources and also the information on amendments of the corresponding provisions of law and their prior wording. The author gives examples of the translations that are successful in his opinion and also the ideas on how to improve other translations. When improving the legislation it is vital to keep its national identity while paying close attention to the own legacy of civil law, without blindly copying rules of the foreign law. In the author’s opinion we can learn such attitude from the French lawyers. In terms of adoption of the Napoleonic Code there are also examined such issues as setting up the legislative procedures and maintaining the balance between concretisation and abstraction when codifying civil law.

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