Doronina N.G. The Napoleon Code and Unification of Civil Law through the Hague Conference on Private International Law

Abstract: The article appreciates the value of the Napoleon Code that was enacted in 1804. The Code unified the law of France of that period. Before the Code was enacted there were two systems of Law in France. One of them was based on the Roman Law – the so called “written Law”, the other – the law based on different collections of customs and traditions (coutûmes). The experience of Napoleon Code demonstrates the unification potential of the Law thanks to the juridical know-how. One hundred years later the experience of the Code became useful when searching the possible instrument of unification of legal systems of European states. The idea of Asser – the Dutch scientist to construct the international legal system for inter-state cooperation became the reality. The newly created international organization The Hague Conference on Private International Law began its work. Its attention is drawn to private persons, the means of civil law and procedure to defend their rights in the legal systems of different states. The main instrument is international agreement. But the methodology remains the Napoleon Code’s – that is the formula of the rule of law which is very short, clear and effective in reaching the target of regulation. Those are the rules – principles of regulation of private international relation based on the experience of Article 3 of the Napoleon Code. The present work shows the recent initiatives of The Hague Conference on Private International Law. That is the planning of the Schedule of the working group on foreign civil protection orders and discussion of the Draft Principles of choice of law in international contracts. Both initiatives are of great importance from the global point of view but they are hardly could be possible if there had not been for Napoleon Code.

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