The Development of the Codification Process.
As many commentators have pointed out, the Codification was.
a unique socio-historical phenomenon6 developed in the civil law.
tradition during the 19th century. The Codes drafted during this.
process differed radically from the compilations of the Roman,.
Canonic law, or other codes.7 The root of the Codification was the.
"intellectual revolution- that took place in Europe in the 18th.
century with its principles and doctrines based on the.
Enlightenment, Ius rationalism, secular Natural Law, Bourgeois.
liberalism, and Nationalism. These ideas produced a new way of.
thinking about society, law, economy, and state with decisive.
consequences for the civil and common law tradition. Thisdevelopment deeply influenced western nations, producing.
dramatic events, specifically, the American and French.
Revolution, the Italian Risorgimento, the wars of independence in.
Central and South America, and the unification of Germany,.
among others.
In reference to civil law tradition countries, this philosophical.
and political phenomenon had a significant effect in the.
development of public and private law. In particular, Wieacker.
explained that: "the Codification was not focused on gathering,.
compiling, improving or reforming the existent scientific or prescientific.
law - as the former German reforms or Roman and.
Spanish compilations-, but planning a better society by means of.
new systematic and creative law.""9 In fact, the relation Civil.
Code/Constitution, with the primacy of the private law, supported.
the legal framework of the 19th century bourgeois liberal.
society.10 According to John Merryman, one of the most.
important aims of the French Revolution was to unify private law,.
and as a result, "the spirit of the intellectual revolution led the.
French to promulgate five codes: Les Cinq Codes. These include -.
after the famous Code Civil des Franzais (1804) - Le Code de.
Procédure Civile (1806), Le Code de Commerce (1807), Le Code.
