Italian Civil Code - (2004)

Author: None
Publisher:
Publish Date: 2004-11-01
Features: The Chinese version 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 unification model" civil code but also provided a new theoretical approach for comparing and analyzing the legislative systems and institutions of civil and commercial law. After the Chinese version 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 main purpose of translating and publishing the Chinese version of the "Italian Civil Code" in 2004 is twofold:
First, to introduce to China's legal academia the new changes in the "Italian Civil Code" from the time the Chinese version was published in 1997 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:
1. From 1997 to the end of 2003 was one of the historical periods 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 on politically and economically on countries like Italy that participate in the integration, and it has also produced legal changes that we did not expect. Although the civil code remains a domestic law, the progress of European integration has caused tremendous shocks to the domestic civil codes of the participating countries, leading to certain changes in each country's civil code. Legal changes are normal, but the legal changes during the process of European integration are not ordinary changes but have a specific historical significance.
2. 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 everyone knows, Italy's civil and commercial legislation adopts a system where the civil code coexists with separate laws. Revisions to the civil code are usually made through separate legislative decrees, and once the revised content is 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.
Second, to provide information that can be used for reference in China's relevant legislation. Currently, it is a crucial period for China to draft the Property Rights Law, revise the Company Law, and ultimately draft China's "Civil Code." Publishing the new "Italian Civil Code" can provide new information of reference value for the drafting and revision of China's relevant legislation. From 1997 to 2004, some provisions of the "Italian Civil Code" changed, mainly in two aspects:
1. 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 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 Professor 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, the content and theoretical reflections of the revisions to the company law section are introduced in detail.
2. The civil code significantly weakened the approval authority and intervention power of government agencies in private legal 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 legal activities. For example, all associations, foundations, and other institutions with private legal 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 establishment documents or articles of association of companies or other groups also required approval by the competent government agency (Article 16). Additionally, "Without the permission of the competent government agency, legal persons may not purchase real estate, accept gifts or inheritances, or obtain legacies. Any purchase or acceptance without permission shall be invalid" (Article 17). In the 21st century, legislators 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").