Editing and translating the Code civil in Belgium, 1804-2004

Editing and translating the Code civil in Belgium, 1804-2004 215 EDITING AND TRANSLATING THE CODE CIVIL IN BELGIUM EDITING AND TRANSLATING THE CODE CIVIL IN BELGIUM, 1804–2004 by D. H EIRBAUT (Gent)* , ** 1. – Introduction: similarities of the French and Belgian experiences Belgium still has the French Code civil in spite of some efforts to replace it with a new codification. Strange as it may sound these have declined with time, there being more enthusiasm for a new, original and Belgian Civil Code in the 19th century than at the beginning of the 21st 1 . Thus, as far as private law is con- cerned, Belgium will remain a ‘French province’ 2 for a long time, though changes to the Code have gradually weakened the influence of French law. The best ex- ample of these is to be found in family law where from the end of the 19th century the Napoleonic patriarchal view of the family was challenged and replaced by a family with a more ‘democratic’ organisation 3 . Interestingly enough, the new legislation, at times, was inspired by research into legal history 4 , which showed that many regions of the Southern Netherlands, later to become Belgium, had known a more democratic http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit Brill

Editing and translating the Code civil in Belgium, 1804-2004

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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0040-7585
eISSN
1571-8190
D.O.I.
10.1163/1571819042872609
Publisher site
See Article on Publisher Site

Abstract

215 EDITING AND TRANSLATING THE CODE CIVIL IN BELGIUM EDITING AND TRANSLATING THE CODE CIVIL IN BELGIUM, 1804–2004 by D. H EIRBAUT (Gent)* , ** 1. – Introduction: similarities of the French and Belgian experiences Belgium still has the French Code civil in spite of some efforts to replace it with a new codification. Strange as it may sound these have declined with time, there being more enthusiasm for a new, original and Belgian Civil Code in the 19th century than at the beginning of the 21st 1 . Thus, as far as private law is con- cerned, Belgium will remain a ‘French province’ 2 for a long time, though changes to the Code have gradually weakened the influence of French law. The best ex- ample of these is to be found in family law where from the end of the 19th century the Napoleonic patriarchal view of the family was challenged and replaced by a family with a more ‘democratic’ organisation 3 . Interestingly enough, the new legislation, at times, was inspired by research into legal history 4 , which showed that many regions of the Southern Netherlands, later to become Belgium, had known a more democratic

Journal

The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du DroitBrill

Published: Jan 1, 2004

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