Governing the Empire

Napoleon brought to completion a project dear to the hearts of the revolutionaries, the drafting of new law codes. The Civil Code was the most important of a number of codes (civil procedure, commercial, criminal, penal, rural) because it institutionalised equality under the law (at least for adult men), guaranteed the abolition of feudalism and, not least, gave the nation one single code of law replacing the hundreds in effect in 1789. Although not of his making, Napoleon nevertheless presided over more than half of the one hundred sessions of the Council of State that took place over the three years it took to finalise the code, thereby imprinting it with his own personal values. There was nothing unusual about them, however. They were widely accepted throughout France. The Code thus institutionalised the subservience of women in marriage and of workers in their places of employment. Divorce was still allowed (it had been established in 1792), but under conditions that were very unfavourable to wives. Book I of the Rights and Respective Duties of Husband and Wife

Husband and wife mutually owe each other fidelity, succour and assistance.

The husband owes protection to his wife, the wife obedience to her husband.

The wife is obliged to live with her husband, and to follow him wherever he may think proper to dwell: the husband is bound to receive her, and to furnish her with everything necessary for the purposes of life, according to his means and condition.

The wife cannot act in law without the authority of the husband, even where she shall be a public trader, or not in community, or separate in property. …

A wife, although not in community, or separate in property, cannot give, pledge or acquire by free or chargeable title, without the concurrence of her husband in the act, or his consent in writing. …

Title VI of Causes of Divorce

The husband may demand divorce for cause of adultery on the part of his wife.

The wife may demand divorce for cause of adultery on the part of her husband, where he shall have kept his concubine in their common house.

SECTION II of the Provisional Measures to which the Demand of Divorce for Cause Defined May Give Cause

The provisional administration of the children shall remain with the husband plaintiff or defendant in divorce, unless it shall be otherwise ordered by the tribunal, at the request either of the mother, or of the family, or of the imperial proctor, for the greater benefit of the children. …

Section III Of Exceptions At Law Against The Suit For Divorce For Cause Determinate

The suit of divorce shall be extinguished by the reconciliation of the parties, whether occurring subsequently to the facts which might have authorized such suit, or subsequently to the petition for divorce. …

In case of divorce by mutual consent, neither of the parties shall be allowed to contract a new marriage until the expiration of three years from the pronunciation of the divorce.

In the case of divorce admitted by law for cause of adultery, the guilty party shall never be permitted to marry with his accomplice. The wife adulteress shall be condemned in the same judgement; and, on the request of the public minister, to confinement in a house of correction, for a determinate period, which shall not be less than three months, nor exceed two years. …

The children shall be entrusted to the married Party who has obtained the divorce, unless the court, on petition of the family, or by the commissioner of government, gives order, for the greater benefit of the children, that all or some of them shall be committed to the care either of the other married party, or of a third person.

Source: Bryant Barrett (ed.), The Code Napoleon, 2 vols (London, 1811), vol. 1, pp. 47, 49, 57; vol. 2, p. 358. https://s3-euw1-ap-pe-df-pch-content-public-p.s3.eu-west-1.amazonaws.com/9781032618814/e9ac31eb-0a68-4fdc-b417-e6e5b1e67c6c/content/fig22_Unfig_001.tif" xmlns:xlink="https://www.w3.org/1999/xlink"/>