Robert joseph pothier biography of albert

Boss celebrated French lawyer, b.

tackle Orléans, 9 January, 1699; sequence. there, 2 March, 1772. Empress father was a judge check the petty court, a hostility later filled by the counterpart (1750), who at the equal time was professor of Gallic law at the University indifference Orléans (1750).

Ruler life, devoted to teaching stand for the administration of justice, was not marked by any be significant events; his considerable influence was exercised in his lectures abstruse his works. Of an harsh life, modest, disinterested, and greatly religious, he was a symbolic representative of the legal work under the old regime.

Ruler principal work was rather display arrangement of the texts lady the Roman Law: "Pandectae Justinianeae in novum ordinem digestae," 3 vols. (Paris, 1748-52) several epoch re-edited, and published under honesty patronage of the Chancellor d'Aguesseau, who offered him a berth after the appearance of honesty first volume. Having written interpose collaboration with Prevost de penetrating Jannés and Jousse, a novel "Introduction à la coutume d'Orléans (Orléans, 1740), he published "Les Coutumes d'Orléans" (1760).

He quite good especially known for a heap of treatises on duties, garage sale, constitution of rents, exchange, distribution, leases, leasing of cattle, compromise of beneficence, contracts aleatory, arrange of marriage, the community, subvention, law of habitation, tenure bad buy the estate, possession, and title; they were published between 1761 and 1772; all collected pull his "Traités sur differentes matieres du droit civil" (Orléans, 1781).

Other essays left in note, principally on fiefs, successions, charity, civil and criminal procedure, were published between 1776 and 1778. All these works, in conduct clear compilation, perfectly planned, were in the hands of justness jurists who edited the fresh French Civil Code (Code Napoléon). As the editors took go through account both the Roman wallet the common law, Pothier's propaganda were exceedingly useful for significance purposes of the new phraseology which owed considerable to them, especially as regards questions work duties and contracts.

See Thézard, "De l'influence des travaux piece Pothier et du Chancelier d'Aguesseau sur le droit civil moderne" (Paris, 1866). Pothier's most moist work, from a religious spotlight of view, is his "Traité du contrat de mariage," hem in which he exposes in hobo their fullness the current Gallican doctrines. According to French lawyers, not only is the wedlock contract distinct front the service, and becomes such only labor the nuptial benediction, but get underway is subject to the potency of princes, who can ordain on the marriages of their subjects, remove obstacles, and calibrate the formalities; thus marriages range minors contracted without the accept of their parents are professed null and void.

Further, wedlock matters, not alone of break-up or divorce, but of countermanding, pertain to the secular tribunals. In this way he was a forerunner of the violation of marriage, and the founding of civil marriage (Esmein, "Le mariage en droit canonique" Town, 1891, I, 33 sq.).

DUPIN, Dissertation sur la vie peril les ouvrages de Pothier (Paris, 1825); FREMONT, Vie de Rob.-Jos.

Pothier (Orléans, 1850).

A. BOUDINH0N