ROLE AND SIGNIFICANCE OF CIVIL CODE OF FRANCE 1804 IN ALL EUROPEAN CODIFICATION PROCESS OF CIVIL LAW

Comparative and historical research of the codification process of civil law in 18–19 th centuries as all European historical-legal phenomenon has been carried out. The author has analyzed reasons for codification process of civil law in all European countries, characterized the beginning of codification process and mentioned first codifications – Saxon and Swabian Szersala, a collection of laws in Spain, a collection of decrees in Portugal (Alphasian decrees 1463, Manelin decrees 1314, Philippine decrees 1603), Russian Cathedral Code 1649 etc. However, these codifications only partially included norms of civil law. Overview of the work on codification of civil law, which started in 18 th century in many countries of Europe, has been conducted; the first civil codes – Civil Code of Kingdom of Sardinia (Italy) 1723, Sweden 1736, Bavaria (Germany) 1756 and others – have been mentioned. Reasons and peculiarities of codification of civil law in France (as a result of which Civil Code was issued in 1804) as a part of all-European process of renovation and codification of law have been examined. It has been observed that during the reign of Bourbon dynasty in France a wide range of non-unified sources of law of different levels and legal force full of numerous contradictions was functioning. It has been concluded that there was an urgent need of systematization and renovation of French civil law. The author has also indicated positive consequences of adopting Civil Code of France. In particular, it has been stressed that the Code became a substantive legal framework to establish freedom and equality of all citizens. More specifically it was stated in article 8 of the Code which provided an equal opportunity to each Frenchman to use civil rights despite his social status, race, religion etc. The influence of Civil Code of France 1804 on legal regulation of civil matters in a wide range of European countries has been examined. Separate European countries – Belgium, Luxemburg, Monaco, Romania, Poland, Neapolitan Kingdom and some other countries – that put the Code into action first-hand or took it almost completely as an example have been mentioned. The influence of the Code on codification of civil law in Belgium, the Netherlands and Poland has been analyzed. It has been stressed that the codification process of civil law taking place in Europe in 18 th – beginning 19 th penetrated not only European countries but, in fact, it started codification processes in the whole world. Reception of French Civil Code embraced most Latin American countries. Volume of reception legal provisions of French Civil Code in mentioned countries has been clarified. The conclusion concerning needs for further research of reception of this Code in South and North America, African states, and updating of civil law of Switzerland, Belgium, the Netherlands, Italy and its historical-legal experience, has been made.