The Callimachi Code

The Callimachi Code

Text: Andreea Ștefan

The “Civil Code of the Principality of Moldavia” was drafted at the initiative of Prince Scarlat Callimachi (1773 - 1821) and published in 1817. The issuing of a civil code was part of the reform meant to contain the devastating effects of the Russo-Turkish War (1806–1812). On the other hand, it highlights the limited impact of the reforms undertaken. Written in a language of local circulation in the Balkans, Modern Greek, the normative text could not be efficiently used in Moldavia until 1833, when the Romanian translation was published.

The code has three parts, with an introductory chapter and an addendum, comprising a total of 2032 articles. It establishes civil liability on guilt, regardless of intentionality. It nonetheless takes into account two cases of exoneration from liability, for insanity or young age. In these cases, however, the responsibility lies with the legal guardian.

Lawyers representing two distinct legal traditions, the Western and the Byzantine, participated in the drafting of the code. The ethnic composition is also illustrative, the prince co-opting Christian Flechtenmacher (1785 - 1843), a subject of the Habsburg Empire, and Anania Adamidis, also called Cuzanos (second half of the 18th century - early 19th century). It is interesting to note the presence of a Romanian jurist, Andronache Donici (c. 1760 - 1829), among the authors. However, the main author was indisputably Christian Flechtenmacher, which explains the strong influence of the Austrian civil code, published in 1811, on the legal text published in Iași. However, the appropriation of the Western model is inconsistent and partial, as the legislation incorporates a series of previous texts, from Byzantine law or from the local tradition. 

This volume is the first edition of the code and contains the first part of it. It was published at the newly established Greek printing house belonging to the Three Hierarchs Monastery. Two engravers provided the etching it includes: a Greek, Dimitrios Kontoleos, and an Austrian, Blasius Höpfel.

The Romanian translation, completed in 1833, remained in use until the introduction of the Civil Code by Prince Alexandru Ioan Cuza, in 1865.