Exceptional and inspirational use abroad, imposed either by military
occupation or conquest. Sometimes received and adopted voluntarily due to
its outstanding qualities. Copied or partially transplanted around the world.
German BGB 1896-1900
Napoleon's work had prompted serious discussions about codification's worth on a
methodological level and how it might be improved to fit more easily within the Germanic
system more akin to conceptual thinking
Of course, codification wasn't possible until the unification of Germany after the
Franco-Prussian War of 1870-1871. After this point, it was much easier to codify law
and apply it throughout a single, united but federal territory.
BGB is a long work, with 5 books and a 'Russian doll'-like structure - it was praised for its more scientific approach to law
It was aimed primarily at professors, and not at practitioners. Even today it remains virtually inaccessible for non-initiated readers
It is debatably more Romanic than Germanic in its tendencies, its greatest innovation being the "General Part".
Because it was written almost a century after the French code, it was more suited to industrialised
societies in which commerce would play a pivotal role. It overtook the French model in terms of
implementation abroad, and inspired similar Civil Codes in JAPAN, BRAZIL and GREECE.
Swiss Codification 1907
A Code of Obligations was introduced in 1881. This was the only piece of legislation that could be
applied throughout the 'cantons' who at the time were part of a federal state.
When the power of the state was increased vis-à-vis the cantons, the State
introduced a Civil Code that would deal with all other obligations that had not already
been legislated upon in the Code of Obligations.
The Code of Obligations is hence seen as the Fifth Book of the Civil Code.
Its most innovative feature was the fusion of commercial and
civil law. This was the result of a joint influence from the BGB
and the scholars Gény and Hubert.
The Code was part of a legal transplant to the Turkish secular system introduced in the 1920s.
Italian Codification 1942
Prior to unification, Italian law was highly influenced by French law. In some city states, the Code Napoléon was applicable.
This close relationship continued at the end of WW1, when the French and Italians sought to create a joint civil code.
This project was abandoned as the Italian regime changed in nature (Fascist) and orientation (pro-German).
Eventually, the Code adopted by the Fascists was strongly influenced by the Nazi regime.
The code merges civil and commercial law through the notion of 'impresa'.
This inspired the new Brazilian Civil Code in 2002.
The code survived the Fascist regime and, aside from a few
articles and concepts which have been removed, remains in place
despite serious changes to the political landscape since 1943.