TY - JOUR
TI - The Betrayal of the French Civil Code: A Tragedy in Three Acts
AU - Gordley, James
TI - The Betrayal of the French Civil Code: A Tragedy in Three Acts
AB - 
	French jurists have thought that their Civil Code expresses an individualism characteristic of the ideals of the French Revolution and the principles of liberalism. Property was regarded as a right of the owner that was unlimited in principle. Contract was defined in terms of the will of the parties to contract on whatever terms they chose. The drafters of the Code, however, were among the last adherents of an older natural law tradition in which the rights of an owner were limited by the purposes for which property rights were created, and the terms of a contract must be just. This article describes the drafter’s debt to that tradition and how it was ignored by jurists in the 19th century.
VL - Tom 16 (2023)
IS - Tom 16, Zeszyt 2
PY - 2023
SN - 2084-4115
C1 - 2084-4131
SP - 163
EP - 180
DO - 10.4467/20844131KS.23.012.17830
UR - https://ejournals.eu/czasopismo/kshpp/artykul/the-betrayal-of-the-french-civil-code-a-tragedy-in-three-acts
KW - Kodeks Napoleona
KW - krzywda
KW - przyczyna zobowiązania
KW - liberalizm
KW - nadużycie prawa; French Civil Code
KW - lésion
KW - injury
KW - cause
KW - liberalism
KW - abuse of rights