Italian Civil Code (2004)

Author: Fei Anling et al. Translated
Publisher:
Publish Date: 2004-11-01
Features: The Chinese edition of the "Italian Civil Code" was first introduced to Chinese readers in 1997. Its publication not only allowed us to gain an in-depth understanding and analysis of this typical "civil and commercial law integration model" civil code but also provided us with a new theoretical approach for comparatively analyzing the legislative systems and institutions of civil and commercial law. After the Chinese edition of the "Italian Civil Code" was published, it received much attention from many friends in China's legal academia, for which we express our sincere gratitude. The purpose of translating and publishing the Chinese edition of the "Italian Civil Code" in 2004 is twofold: , to introduce to China's legal academia the new changes in the "Italian Civil Code" from the time of the 1997 Chinese edition's publication to the end of 2003. From 1997 to the end of 2003, there were significant changes in the "Italian Civil Code." These significant changes were due to two factors: First, from 1997 to the end of 2003 was one of the historical stages with significant changes in Europe's economy and society, and this change is still ongoing. The development of European society, especially the economic integration of Europe, has had a huge impact not only on the politics and economy of countries like Italy that participate in the integration but also on the law, producing changes that we had not anticipated. Although the civil code remains a domestic law, the progress of European integration has caused tremendous shocks to the domestic civil codes of participating countries, leading to certain changes in their civil codes. Legal changes are normal, but the legal changes during the process of European integration are not ordinary changes but have a specific historical significance. Second, with the development of society, economic progress, and the advancement of European integration, there has been a strong call in Italy for the revision of certain parts of the civil code. As is well known, Italy's civil and commercial legislation adopts a system where the civil code coexists with separate laws. Revisions to the civil code are usually carried out through separate legislative decrees, where the revised legislation is published through a separate legislative decree, and once published, it replaces the corresponding provisions in the civil code. During the period from 1997 to the end of 2003, there were nearly sixty revisions to separate laws related to the "Italian Civil Code." At the same time, when necessary, the legislative body also revised entire chapters or sections of the civil code, such as the "company law" section in Chapter 5, which took effect on January 1, 2004, and was a direct revision of the civil code by the legislative body. The second purpose is to provide information that can be used for reference in China's relevant legislation. Currently, it is a crucial period for China to draft laws such as the Property Rights Law, revise the Company Law, and ultimately draft China's "Civil Code." Translating and publishing the current "Italian Civil Code" can provide new information of reference value for the drafting and revision of China's relevant legislation. From 1997 to 2004, certain provisions of the "Italian Civil Code" changed, mainly in two aspects: , significant changes occurred in the company law section. The revision of the company law section in the 1942 "Civil Code" began in the 1970s and was completed in 2002. Compared to the historical revisions of commercial law, including company law, we found that Italian commercial law revision follows a clear "60-year cycle," with major revisions completed in 1882, 1942, and 2002. To help readers better understand the content and background of the recent revisions to the company law section of the "Italian Civil Code," Professor Fei Anling, while teaching in Italy, specially invited Francesco Galgano, a very famous Italian commercial law professor (teaching at the Faculty of Law of the University of Bologna, the oldest university in Europe and the birthplace of the revival of Roman law), to write an article for Chinese readers introducing the revisions to the company law section (which is the preface to the 2004 "Italian Civil Code"). In Professor Galgano's article, he provides a detailed introduction to the content and theoretical reflections of the revisions to the company law section. The second change is that the civil code has significantly weakened the approval authority and intervention authority of government agencies in private law activities. In the "Italian Civil Code" before 2000, it was explicitly stipulated that the approval authority of the government was unshakable and that there were strict restrictions on legal persons engaging in private law activities. For example, associations, foundations, and other institutions with private law characteristics must obtain legal person status through a presidential decree or the approval of a provincial governor authorized by the government (Article 12 of the "Italian Civil Code"); modifications to the founding documents or articles of association of companies or other groups also required approval from the relevant government agency (Article 16). In addition, "Without the permission of the competent government authority, legal persons may not purchase real estate, accept gifts or inheritances, or obtain legacies. Any purchase or acceptance without permission is invalid" (Article 17). After the 21st century, the legislator intentionally weakened or even removed these provisions from the civil code. As a result, these provisions were abolished by the legislative body on December 22, 2000, and the legal person registration provisions related to government approval were also abolished at the same time (Article 33, Article 34 of the "Italian Civil Code").