Though the Code is organized in a manner similar to many civil law civil codes, many of its provisions are codifications of well-established common law principles. For example, it contains a definition of consideration, a principle in the common law of contracts which has no direct equivalent in civil law systems. Similarly, it codifies the mailbox rule that communication of acceptance is effective when dropped in the mail, which is a feature unique to the common law. First adopted in 1872 and signed into law by then GovernorNewton Booth, the Civil Code is divided – similarly to its civil law analogues – into four divisions: "the first relating to persons"; "the second to property"; "the third to obligations"; "the fourth contains general provisions relating to the three preceding divisions." Division One contains laws which govern personal rights while Division Two contains laws which govern property rights. Division Three codifies the substantive contract law of the State of California as well as various regulations relating to agency, mortgages, unsecured loans, extensions of credit, and other areas of California law. Division Four defines remedies available in lawsuits, what constitutes a nuisance, various maxims of jurisprudence, and other miscellaneous provisions which relate "to the three preceding divisions." Although revolutionary for its time, the California Civil Code was actually the third successfully enacted codification of the substance of the common law. The first was the Code of Georgia of 1861, which is the ancestor of today's Official Code of Georgia Annotated. Then Dakota Territory beat California to the punch by becoming the first jurisdiction to enact Field's civil code in 1866.
Reaction
David Dudley Field II's audacity in trying to codify all of the general principles of the common law into general statutory law in the form of a civil code was extremely controversial in the American legal community, both in his time and ever since. Most U.S. states declined to pursue such an aggressive codification. The Restatements of the Law were developed in the 20th century as a compromise between those who felt the common law was a disorganized mess and those who valued the flexibility and richness of the common law. Only California, North Dakota, South Dakota, and Montana enacted virtually all of Field's civil code, while Idaho partially enacted the contract sections but omitted the tort sections. Later, Guam borrowed much of the California Civil Code for its own legal system. Justice Stephen Johnson Field, praised the California Codes as "perfect in their analysis, admirable in their arrangement, and furnishing a complete code of laws," while English jurist Sir Frederick Pollock attacked the Civil Code as "about the worst piece of codification ever produced" and called it "the New York abortion".
Subsequent developments
Over the years, the Civil Code has been repeatedly amended by legislation and initiative measures. A very significant change to the Civil Code occurred in June 1992 when nearly all of the Civil Code's provisions relating to marriage, community property, and other family law matters were removed from the Civil Code and re-enacted in the form of a new Family Code. The California Family Code went into effect on January 1, 1994. Most statutes that deal with civil procedure are codified in a separate code, the California Code of Civil Procedure.
