Jean-Étienne-Marie Portalis (1 April 1746 – 25 August 1807) was a French

jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...

and politician in the time of the French Revolution and the First Empire. Portalis was one of the chief draftsmen of the

Napoleonic Code The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since i ...

, which serves as the foundational framework of the French legal system. He is the father of Joseph Marie Portalis, a diplomat and statesman.

Biography

Early life

Portalis was born at

Le Beausset Le Beausset (; ) is a commune in the Var department in the Provence-Alpes-Côte d'Azur region in southeastern France. Population See also *Communes of the Var department The following is a list of the 153 Communes of France, communes of t ...

, currently in the Var

département In the administrative divisions of France, the department (, ) is one of the three levels of government under the national level (" territorial collectivities"), between the administrative regions and the communes. There are a total of 101 ...

Provence Provence is a geographical region and historical province of southeastern France, which stretches from the left bank of the lower Rhône to the west to the France–Italy border, Italian border to the east; it is bordered by the Mediterrane ...

France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...

to a

bourgeois The bourgeoisie ( , ) are a class of business owners, merchants and wealthy people, in general, which emerged in the Late Middle Ages, originally as a "middle class" between the peasantry and Aristocracy (class), aristocracy. They are tradition ...

family, and was educated by the Oratorians at their schools in

Toulon Toulon (, , ; , , ) is a city in the Provence-Alpes-Côte d'Azur region of southeastern France. Located on the French Riviera and the historical Provence, it is the prefecture of the Var (department), Var department. The Commune of Toulon h ...

and

Marseille Marseille (; ; see #Name, below) is a city in southern France, the Prefectures in France, prefecture of the Departments of France, department of Bouches-du-Rhône and of the Provence-Alpes-Côte d'Azur Regions of France, region. Situated in the ...

, and then went to the University of Aix. As a student, he published his first two works, ''Observations sur Émile'' (on

Jean-Jacques Rousseau Jean-Jacques Rousseau (, ; ; 28 June 1712 – 2 July 1778) was a Republic of Geneva, Genevan philosopher (''philosophes, philosophe''), writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment through ...

's '' Emile: Or, On Education'') in 1763 and ''Des Préjugés'' in 1764. In 1765 he became a

lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...

at the ''

parlement Under the French Ancien Régime, a ''parlement'' () was a provincial appellate court of the Kingdom of France. In 1789, France had 13 ''parlements'', the original and most important of which was the ''Parlement'' of Paris. Though both th ...

'' of

Aix-en-Provence Aix-en-Provence, or simply Aix, is a List of communes in France with over 20,000 inhabitants, city and Communes of France, commune in southern France, about north of Marseille. A former capital of Provence, it is the Subprefectures in France, s ...

, and soon obtained so great a reputation that he was instructed by Étienne François de Choiseul in 1770 to draw up the decree authorizing the marriage of

Protestant Protestantism is a branch of Christianity that emphasizes Justification (theology), justification of sinners Sola fide, through faith alone, the teaching that Salvation in Christianity, salvation comes by unmerited Grace in Christianity, divin ...

s. From 1778 to 1781, Portalis was one of the four '' assessors'' or administrators of Provence.

Revolution

In November 1793, after the

First French Republic In the history of France, the First Republic (), sometimes referred to in historiography as Revolutionary France, and officially the French Republic (), was founded on 21 September 1792 during the French Revolution. The First Republic lasted u ...

had been proclaimed, he came to

Paris Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, largest city of France. With an estimated population of 2,048,472 residents in January 2025 in an area of more than , Paris is the List of ci ...

and was thrown into prison for being the brother-in-law of Joseph Jérôme Siméon, the leader of the Federalists in Provence. He was soon released to a

psychiatric hospital A psychiatric hospital, also known as a mental health hospital, a behavioral health hospital, or an asylum is a specialized medical facility that focuses on the treatment of severe Mental disorder, mental disorders. These institutions cater t ...

, where he remained until the fall of

Maximilien Robespierre Maximilien François Marie Isidore de Robespierre (; ; 6 May 1758 – 28 July 1794) was a French lawyer and statesman, widely recognised as one of the most influential and controversial figures of the French Revolution. Robespierre ferv ...

during the

Thermidorian Reaction In the historiography of the French Revolution, the Thermidorian Reaction ( or ''Convention thermidorienne'', "Thermidorian Convention") is the common term for the period between the ousting of Maximilien Robespierre on 9 Thermidor II, or 27 J ...

. On being released he practiced as a lawyer in Paris, and, in 1795, he was elected by the capital to the

Council of Ancients The Council of Ancients or Council of Elders () was a house of the French bicameral legislature under the Constitution of the Year III, during the period commonly known as the Directory (French: ''Directoire''), from 22 August 1795 until 9 Nov ...

of the

French Directory The Directory (also called Directorate; ) was the system of government established by the Constitution of the Year III, French Constitution of 1795. It takes its name from the committee of 5 men vested with executive power. The Directory gov ...

, becoming a leader of the moderate party opposed to the directory rule. As a leader of the moderates, he was targeted by the

coup of 18 Fructidor The Coup of 18 Fructidor, Year V (4 September 1797 in the French Republican Calendar), was a seizure of power in France by members of the French Directory, Directory, then forming the government of the First French Republic, with support from th ...

, but, unlike General Charles Pichegru and François Barbé-Marbois, he managed to escape to

Switzerland Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...

, then to

Holstein Holstein (; ; ; ; ) is the region between the rivers Elbe and Eider (river), Eider. It is the southern half of Schleswig-Holstein, the northernmost States of Germany, state of Germany. Holstein once existed as the German County of Holstein (; 8 ...

, and did not return until after

Napoleon Bonaparte Napoleon Bonaparte (born Napoleone di Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French general and statesman who rose to prominence during the French Revolution and led Military career ...

established himself as the leader of the new

Consulate A consulate is the office of a consul. A type of mission, it is usually subordinate to the state's main representation in the capital of that foreign country (host state), usually an embassy (or, only between two Commonwealth countries, a ...

Under Napoleon

Bonaparte made Portalis a '' conseiller d'état'' in 1800, and then charged him, with François Denis Tronchet, Félix-Julien-Jean Bigot de Préameneu, and Jacques de Maleville, with the drafting of the Civil Code ( French: ''Code civil)''. He was the most notable member of this commission, and many of the most important titles, notably those on marriage and heirship, are his work. During his 1801 speech "Discours préliminaire au projet de code civil" (Preliminary discourse on the projet of the Civil Code), he presented the core principles of the code:

legal certainty Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. See also * * *Due process *International human rights law International human ...

(non-retroactivity), the notion of "public order" ( French: ''ordre public'') and putting an end to the "arrêts de règlement" characteristic of the

Parlements Under the French Ancien Régime, a ''parlement'' () was a provincial appellate court of the Kingdom of France. In 1789, France had 13 ''parlements'', the original and most important of which was the ''Parlement'' of Paris. Though both the ...

of the

Ancien Régime ''Ancien'' may refer to * the French word for " ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France {{disambig ...

, as contrary to the idea that only the law prevails. In 1801 he was placed in charge of the Department of Religion or Public Worship, and in that capacity had the chief share in drawing up the provisions of the

Concordat of 1801 The Concordat of 1801 was an agreement between the First French Republic and the Holy See, signed by First Consul Napoleon Bonaparte and Pope Pius VII on 15 July 1801 in Paris. It remained in effect until 1905, except in Alsace–Lorraine, ...

. In 1803 he became a member of the

Académie française An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of tertiary education. The name traces back to Plato's school of philosophy, founded approximately 386 BC at Akademia, a sanctuary of Athena, the go ...

, in 1804 Minister of Public Worship, and in 1805 a '' Chevalier Grand-Croix de la Légion d'honneur''. He soon after became totally blind, and, after an operation, he died at Paris.

Tributes

Numerous tributes to Portalis exist in France. In

: * A statue of Portalis in front of the Apellate Court of Aix-en-Provence; * The Rue Portalis, a road in the historic city center of the province, bears his name, * One of the buildings of the Faculty of Law of the University of Aix-Marseille bears the name of Portalis; * An institute at the Faculty of Law bears the name “Portalis Institute”; * A plaque affixed to the facade of 25 rue de l'Opéra marks the house in which Portalis was born where he lived until the Revolution; In

: * He is buried in crypt V of the Panthéon. * A statue of Portalis is installed in the Casimir-Perier hall of the

Palais Bourbon The Palais Bourbon () is the meeting place of the National Assembly, the lower legislative chamber of the French Parliament. It is in the 7th arrondissement of Paris, on the Rive Gauche of the Seine across from the Place de la Concorde. The offi ...

. * A marble representation from 1877 by Joseph Osbach is in the gallery of busts of the

Court of Cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case; they only interpret the relevant law. In this, they are appellate courts of the highest instance. In ...

. * A bust of Portalis is in the offices of the

Council of State A council of state is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head ...

at the

Palais-Royal The Palais-Royal () is a former French royal palace located on Rue Saint-Honoré in the 1st arrondissement of Paris. The screened entrance court faces the Place du Palais-Royal, opposite the Louvre Palace, Louvre. Originally called the Palais-Ca ...

. * The Rue Portalis in the 8th arrondissement of Paris has been named after him since 1867. In Saint-Cyr-sur-Mer: * A

square In geometry, a square is a regular polygon, regular quadrilateral. It has four straight sides of equal length and four equal angles. Squares are special cases of rectangles, which have four equal angles, and of rhombuses, which have four equal si ...

opposite the

town hall In local government, a city hall, town hall, civic centre (in the UK or Australia), guildhall, or municipal hall (in the Philippines) is the chief administrative building of a city, town, or other municipality. It usually houses the city o ...

bears his name.

References

* ''In turn, it cites as references:'' **''Oeuvres by F. Portalis'' (1823) ** Frederick Portalis, ''Documents, rapports, et travaux inédits sur le Code Civil'' (1844); ''Sur le Concordat'' (1845) **René Lavole, ''Portalis, sa vie et ses œvres'' (Paris, 1869)

External links

''Preliminary Address on the first draft of the Civil Code''
{{DEFAULTSORT:Portalis, Jean-Etienne-Marie 1746 births 1807 deaths People from Var (department) First French Empire French essayists French political writers Members of the Académie Française Burials at the Panthéon, Paris People of the French Revolution French legal scholars Philosophers of law Knights of the Legion of Honour Ministers of religious affairs of France French male essayists French political philosophers People from Provence (French province)