In our previous
posts, we observed the strange and funny laws in USA
and UK.
While the French legal system is different from USA and UK, it does not mean
that it is fool-proof from the cases, when it might be considered funny or
strange to the modern individual.
France has a
civil legal system. This means that the law arises from statues and judges can
only interpret this law (they are not to make law). England (the United
Kingdom), the United States, Australia and Canada all have common law systems.
This means that judges make (or declare) the law, as well as interpret
statutes. In common law systems, judges are bound to follow previous decisions
in the same way (hence, the name ‘common’ law).
The basis of the French legal system is laid out in
a key document originally drawn up in 1804, and known as the Code
Civil, or Code Napoléon, (Civil code or Napoleonic
code) which laid down the rights and obligations of citizens, and the laws of
property, contract, inheritance, etc.. Essentially, it was an adaptation to the
needs of nineteenth-century France of the principles of Roman law and customary
law. The Code Civil remains the cornerstone of French law to
this day, though it has been updated and extended many times to take account of
changing society. There are other codes, including notably the Code
Pénal, or Penal code, which defines criminal law.
So, some really unusual French Laws with some
comments and background information:
This law was naturally adopted to promote and preserve
French musical culture and French language because the young generation tent to
turn to a more American/British culture. More precisely, the law actually applies
only to French language radio stations (as in ones who’s DJs and radio hosts
deliver their broadcast completely in French).
In French the term "rail" designates the
actual rail track, and it is a security measure as lovers kissing on or by a
railway track might be so absorbed in what they were doing that they might not
hear a train approaching.
3. No pig may be addressed as Napoleon by its owner.
One of the reader commented that you want to call
your pig Napoleon, but you do not like to be prosecuted, you can just call it Emperor Bonaparte, which is
probably legal.
The mayor of a French Mediterranean town, faced with
a cemetery "full to bursting", has banned local residents from dying
until he can find somewhere else to bury them. Yes, the town officials actually
knew this was a dumb law when they passed it, but they passed it to make a
point.
A deadly
weapon, sometimes dangerous
weapon, is a statutory definition listing certain items which
can inflict mortal or great bodily harm. In addition, deadly weapon statutes
often contain "catch all" provisions which describe abilities used to
designate other implements as deadly weapons. In 19-th century France, a closed
fist was considered a deadly weapon and thus combatants would kick or strike
each other with an open-palmed slap. But ashtray still remains on the list in
row with shotguns and propelled grenades.
This is definitely a sign of friendship between
France and Britain. 100-year war is long over!
While this law may sound
funny at the first glance, it is quite serious and can lead to the significant
consequences. It happened in December 1959, when the Malpasset Dam burst in
southern France, Charles de Gaulle drafted a law which would allow a widow to
marry her dead husband. President de Gaulle promised a young woman called Irène
Jodard that he would think of her, after hearing about her fiancé’s drowning
and her wish to carry on with her marriage plans. The law says that the French
president can authorize a marriage when one of the future spouses has died
after the start of official formalities which confirm that he/she would have
consented. There must be serious grounds for the marriage, which would then be
"backdated" to the day before the death. The marriage brings no
rights of inheritance, or financial benefit to the surviving spouse. A child
born to the couple will be legitimate.
Frankly, I could not confirm the existence of this law
in France, might be just one of the urban myths.
The rule banning women from dressing like men –
namely by wearing trousers – was first introduced in 1800 by Paris’ police
chief and has survived repeated attempts to repeal it. The 1800 rule stipulated
than any Parisienne wishing to dress like a man “must present herself to Paris’
main police station to obtain authorisation”. In 1892 it was slightly relaxed
thanks to an amendment which said trousers were permitted “as long as the woman
is holding the reins of a horse”. Then in 1909, the decree was further watered
down when an extra clause was added to allow women in trousers on condition
they were “on a bicycle or holding it by the handlebars”. In 1969, amid a
global movement towards gender equality, the Paris council asked the city’s
police chief to bin the decree. His response was: “It is unwise to change texts
which foreseen or unforeseen variations in fashion can return to the fore.”
The latest attempt to remove the outmoded rule was
in 2003, when a Right-wing MP from President Nicolas Sarkozy’s UMP party wrote
to the minister in charge of gender equality. The minister’s response was: “Disuse
is sometimes more efficient than (state) intervention in adapting the law to
changing mores.”
But while there is acting law banning women in
trousers, there is no objections to go without pants at all.
13. Paris: Criminals can apply for sanctuary in Notre Dame Cathedral and must be 'fed and watered' for up to six weeks.
14. Paris: Touching a woman's bottom is considered illegal on Paris's Metro underground system, but touching their breasts is still allowed.
15. In a region of the Rhone, it is illegal for UFOs to fly over vineyards.
It is probably still OK for UFO to fly over Paris…
Sources and Additional
Information:
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