The thesis studies the influence of the French Civil Code of 1804 on the civil codes of Quebec (the Civil Code of Lower Canada of 1866), Louisiana (the Civil Code of the State of Louisiana of 1825) and Francophone Switzerland (civil codes of cantons of Vaud of 1821, Valais of 1843-1855, Neuchâtel of 1853-1855, Fribourg of 1834-1850 as well as the French Civil Code as applied in two Swiss territories: the Canton of Geneva and Bernese Jura from 1804 until 1912). The study is focused not only on the reception of the positive law of one country by the positive law of another, but also on the reception of the legal tradition of one society by another. The study focuses on the modifications that the same law undergoes under different social and political conditions that exist within different nations. As it is impossible to examine all the provisions of the codes in question the research focuses only on the reception of the second book of the French Code “Of Property, and the Different Modifications of Ownership”. The study shows that, the reception of the French Civil Code took place in societies that were at different stages of their economic development, with varying political landscape, and with divergent cultural and religious values. In all jurisdictions the reception of the French Code was a creative, well thought-out enterprise that took into account local particularities and interests as well as historical sources of local law. Codifiers were not afraid of rejecting certain provisions of the French law if they found them unsuitable for their society. Nor were they afraid of keeping institutions that were abandoned in France itself if they found them pertinent to their countries.

Étude théorique sur les institutions de la tutelle officieuse et de l'adoption sous l'application du Code civil de 1804. C'est une étude théorique car la tutelle officieuse n'a pas connue de nombreuses pratiques. Au travers de l'institution de l'adoption, il est analysé et supposé les applications théoriques de l'institution de la tutelle officieuse. Cette étude est à la fois historique et théorique, les liens de filiation fictive y sont analysés afin de permettre une meilleure compréhension des mécanismes d'adoption et d'attachement d'un mineur à l'apparition de l'adoption sous l'application du Code civil de 1804. / Theoretical study on the institutions of the unofficial supervision(guardianship) and the adoption under the application of the Civil code of 1804. It is a theoretical study because the unofficial supervision(guardianship) did not know of numerous practices. Through the institution of the adoption, are analyzed and supposed the theoretical applications of the institution of the unofficial supervision(guardianship). This study is historic and theoretical at once(at the same time), the links of fictitious filiation are analyzed there to allow a better understanding of the mechanisms of adoption and attachment of a minor(miner) the appearance of the adoption under the application of the Civil code of 1804.