[Civil Code] – WORK OF THE CIVIL CODE REFORM COMMISSION: - PRELIMINARY

[Code civil]

WORK OF THE COMMISSION FOR THE REFORM OF THE CIVIL CODE: - PRELIMINARY DRAFT OF THE CIVIL CODE, Presented to the Keeper of the Seals, Minister of Justice, by the Commission for the Reform of the Civil Code: Part One, Preliminary Book, Book One, Natural Persons and the Family; - YEAR 1945-1946 (Vol. I): Drafting Method - Preliminary Book - Guardianship - Curatorship - Legal Administration - Adoption - Absence - Adulterous and Incestuous Filiation - Publication of Real Estate Rights - Tenant's Liability in Case of Fire; - YEAR 1946-1947 (Vol. II): Legal Acts and Contracts - Tenant's Liability in Case of Fire - Birth Certificates of Abandoned and Adopted Children - Marriage - Distinction of Property - Possession; - YEAR 1948-1949 (Vol. IV): Plan of the Code - Theory of Law - Matrimonial Property Regimes - General Confiscation of Property - Legal Acts and Obligations - Private International Law; - YEAR 1949-1950 (Vol. V): Respective Duties and Rights of Spouses - Common Law Matrimonial Property Regime: Community of Acquests - General Provisions Relating to Matrimonial Property Regimes - Private International Law; - YEAR 1950-1951 (Vol. VI): Preliminary Title: General Provisions - Personality Rights - Name - Domicile - Filiation - Reserved Property - Bank Account of the Married Woman - Conventional Matrimonial Property Regimes (Community - Regimes Without Community - Separation of Property - Participation in Acquests - Dowry Regime and Inalienability Clauses); - YEAR 1951-1952 (Vol. VII): Civil status - Maintenance obligation - Parental authority - Incapacity due to mental state - YEAR 1952-1953 (Vol. VIII): Legal administration, Guardianship and emancipation, Adoption and adoptive legitimation; - YEARS 1953-1954 AND 1954-1955 (Vol. IX): Intestate succession, Devolution of inheritance - Heirs' choice - Joint ownership - Partition - Reserved portion [missing Vol. III]

Édition :

Paris

Date :

1955 / 1947 / 1948 / 1950 / 1951 / 1952 / 1953 / 1953 / 1957

9 vols. in-8, half ivory vellum, gilt titles and volumes on burgundy morocco bindings with gilt fillets, bound with the monogram "JGG", excellent condition; vol. II: paperback, (faded cover, sun-faded spine, slight loss of front cover, fragile endpapers), fresh interior, 389 / 735 / 1021 / 895 / 839 / 595 / 339 / 256 / 443 p.

J.-L. Halpérin (p. 282 ff.) discusses in detail the formation, the difficult progress, and ultimately the failure of the work of the Civil Code reform commission chaired by Julliot de la Morandière, from which, for example, H. Mazeaud abruptly resigned in 1950 due to his disagreements with the progressive options adopted by the commission. Here we have the only tangible result of this work (the debates were published successively between 1949 and 1953), which was never incorporated into positive law. This text nevertheless contains more novelty and interest than its subsequent obscurity would suggest. First, we should highlight the very high-quality preliminary report by J. de la M., and then discuss the debates surrounding the book “On Legal Acts and Facts,” which would have constituted the transposition into positive law of Gény's analyses and would have substantially advanced thinking on this subject. This edition is also complete with all the debates relating to all the articles of the Civil Code. Very rare.

Référence : 51840

Mots-clés : Individual works, Civil Code

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