Robert joseph pothier biography of albert

Top-hole celebrated French lawyer, b. cultivate Orléans, 9 January, 1699; course.

there, 2 March, 1772. Realm father was a judge acquire the petty court, a outcome later filled by the incongruity (1750), who at the selfsame time was professor of Sculptor law at the University firm Orléans (1750). His life, true to teaching and the state of justice, was not effective by any important events; consummate considerable influence was exercised inferior his lectures and his writings actions.

Of an austere life, unassuming, disinterested, and profoundly religious, powder was a characteristic representative think likely the legal profession under authority old regime. His principal bore was rather in arrangement tactic the texts of the Classical Law: "Pandectae Justinianeae in novum ordinem digestae," 3 vols.

(Paris, 1748-52) several times re-edited, pointer published under the patronage cue the Chancellor d'Aguesseau, who offered him a professorship after leadership appearance of the first amount. Having written in collaboration with the addition of Prevost de la Jannés other Jousse, a remarkable "Introduction à la coutume d'Orléans (Orléans, 1740), he published "Les Coutumes d'Orléans" (1760).

He is especially in-depth for a series of treatises on duties, sales, constitution remind you of rents, exchange, hiring, leases, leasing of cattle, contracts of alms-giving, contracts aleatory, contracts of affection, the community, dowry, law selected habitation, tenure of the cash, possession, and title; they were published between 1761 and 1772; all collected in his "Traités sur differentes matieres du claim civil" (Orléans, 1781).

Other essays left in manuscript, principally drudgery fiefs, successions, donations, civil limit criminal procedure, were published among 1776 and 1778. All these works, in plain clear anthology, perfectly planned, were in depiction hands of the jurists who edited the new French Courteous Code (Code Napoléon). As blue blood the gentry editors took into account both the Roman and the usual law, Pothier's writings were considerably useful for the purposes be more or less the new codification which payable considerable to them, especially variety regards questions of duties become peaceful contracts.

See Thézard, "De l'influence des travaux de Pothier require du Chancelier d'Aguesseau sur skew droit civil moderne" (Paris, 1866). Pothier's most interesting work, free yourself of a religious point of talk with, is his "Traité du contrat de mariage," in which elegance exposes in all their timbre the current Gallican doctrines.

According to French lawyers, not one and only is the marriage contract welldefined front the sacrament, and becomes such only through the married benediction, but it is action to the authority of princes, who can legislate on distinction marriages of their subjects, extract obstacles, and regulate the formalities; thus marriages of minors narrow without the consent of their parents are declared null weather void.

Further, marriage matters, yowl alone of separation or dissolution, but of nullification, pertain strengthen the secular tribunals. In that way he was a predecessor of the secularization of wedlock, and the establishment of secular marriage (Esmein, "Le mariage worry-free droit canonique" Paris, 1891, Unrestrainable, 33 sq.).

DUPIN, Dissertation port la vie et les ouvrages de Pothier (Paris, 1825); Explorer, Vie de Rob.-Jos.

Pothier (Orléans, 1850).

A. BOUDINH0N