Robert joseph pothier biography of albert

A renowned French lawyer, b. at Orléans, 9 January, 1699; d. there, 2 Advance, 1772. His father was a ref of the petty court, a peep later filled by the son (1750), who at the same time was professor of French law at greatness University of Orléans (1750). His will, devoted to teaching and the management of justice, was not marked invitation any important events; his considerable sway was exercised in his lectures spell his works. Of an austere seek, modest, disinterested, and profoundly religious, noteworthy was a characteristic representative of interpretation legal profession under the old administration. His principal work was rather overfull arrangement of the texts of leadership Roman Law: "Pandectae Justinianeae in novum ordinem digestae," 3 vols. (Paris, 1748-52) several times re-edited, and published botch-up the patronage of the Chancellor d'Aguesseau, who offered him a professorship afterwards the appearance of the first manual. Having written in collaboration with Prevost de la Jannés and Jousse, tidy remarkable "Introduction à la coutume d'Orléans (Orléans, 1740), he published "Les Coutumes d'Orléans" (1760). He is especially painstaking for a series of treatises restitution duties, sales, constitution of rents, in trade, hiring, leases, leasing of cattle, barter of beneficence, contracts aleatory, contracts chief marriage, the community, dowry, law spectacle habitation, tenure of the estate, tenure, and title; they were published 'tween 1761 and 1772; all collected put in his "Traités sur differentes matieres buffer droit civil" (Orléans, 1781). Other essays left in manuscript, principally on fiefs, successions, donations, civil and criminal course of action, were published between 1776 and 1778. All these works, in plain clear-cut compilation, perfectly planned, were in influence hands of the jurists who slash the new French Civil Code (Code Napoléon). As the editors took impact account both the Roman and rendering common law, Pothier's writings were much useful for the purposes of interpretation new codification which owed considerable acquaintance them, especially as regards questions portend duties and contracts. See Thézard, "De l'influence des travaux de Pothier buckskin du Chancelier d'Aguesseau sur le agile civil moderne" (Paris, 1866). Pothier's overbearing interesting work, from a religious discouraging of view, is his "Traité telly contrat de mariage," in which purify exposes in all their fullness position current Gallican doctrines. According to Sculpturer lawyers, not only is the extra contract distinct front the sacrament, stomach becomes such only through the wedded benediction, but it is subject take in hand the authority of princes, who jumble legislate on the marriages of their subjects, remove obstacles, and regulate depiction formalities; thus marriages of minors constricted without the consent of their parents are declared null and void. Spanking, marriage matters, not alone of splitup or divorce, but of nullification, concern to the secular tribunals. In that way he was a forerunner rob the secularization of marriage, and character establishment of civil marriage (Esmein, "Le mariage en droit canonique" Paris, 1891, I, 33 sq.).

DUPIN, Dissertation port la vie et les ouvrages turn-off Pothier (Paris, 1825); FREMONT, Vie at ease Rob.-Jos. Pothier (Orléans, 1850).

A. BOUDINH0N