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France

Civil law Semi-presidential republic Written · 1958

France is the classic civil-law country: law is written down in comprehensive codes, and judges apply the code rather than building law from precedent. The Constitution of the Fifth Republic (1958) organises a semi-presidential state.

Legal system
Civil law
Government
Semi-presidential republic
Constitution
Written · 1958
Court of last resort
Court of Cassation / Council of State
Jurisdictions
18 regions
Legal language
French

Overview

France is the classic civil-law country: law is written down in comprehensive codes, and judges apply the code rather than building law from precedent. The Constitution of the Fifth Republic (1958) organises a semi-presidential state.

Legal system & tradition

Civil law derives from Roman law and was systematised in the Napoleonic Code of 1804. Legislation and codes are the primary source; court decisions guide but do not formally bind future cases. A separate stream of administrative law governs disputes with the state.

Constitution & government

The 1958 Constitution created the Fifth Republic, with a strong president and a prime minister answerable to Parliament. The Constitutional Council reviews laws against the Constitution and, since 1971, against the 1789 Declaration of the Rights of Man and of the Citizen.

Courts & disputes

France has two court orders. The judicial order (civil and criminal) is topped by the Court of Cassation; the administrative order, handling disputes with public authorities, is topped by the Council of State. The Constitutional Council polices constitutionality.

Major branches of law

Civil law
Persons, property, contracts, and obligations.
Criminal law
Offences and penalties.
Administrative law
Disputes with public authorities.
Commercial law
Business, companies, and trade.
Labour law
Employment and workplace rights.
Family law
Marriage, filiation, and succession.

Rights & rule of law

Fundamental rights flow from the 1789 Declaration, the Constitution’s preamble, and European law. The Constitutional Council and ordinary courts protect them; laïcité — secularism — is a defining principle of the French state.

Key milestones

1789
Declaration of the Rights of Man and of the Citizen.
1804
Napoleonic Civil Code enacted.
1875
Laws found the Third Republic.
1905
Law separates church and state (laïcité).
1958
Fifth Republic Constitution adopted.
1971
Constitutional Council protects fundamental rights.
2008
Reform lets citizens challenge laws (QPC).

Higher-risk & getting help

Avocats provide legal advice and representation. Free legal information is available at maisons de justice et du droit and through legal aid (aide juridictionnelle) for those who qualify. For emergencies, contact the police or emergency services.

Official sources

About this profile

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