Legal history
Du Moulin eventually finished his Commentary on the Coutume de Paris, a work that proved
enormously influential. Why was Du Moulin so concerned with the custom of Paris? - correct answer
He saw it as a good way that could easily become the shared common law of France, instead of Roman
law as a subsidiary source of law. To achieve the study of customs of France.
Why did Du Moulin hope to achieve with the study of the customs? - correct answer
He wanted it to be used instead of Roman law as a subsidiary source.
Look up the lex si umquam, (C.8,55, (56),8) cited below on page 6. eplain whether it would be applicable
in the case of Du Moulin if the mos Fallicus would determine its interpretation. Why (not)? - correct
answer If it was the mos gallicus, it wouldn't be applicable. They don't look at the
historical part, the French. Du Moulin wanted it to be the Italian way, because they also include
relatives. He wanted to find a general principle behind this text, mainly if you gave away/donated part of
your property and got children then you should get it back.
Modern French courts are nog longer supposed to pronounce arrets de reglement. Explain why - correct
answer Two answers:
1. Montesquieu French courts shouldn't make laws but interpret them. Separation of
powers.
2. France has a civil code now, characteristics is that it is exclusive, no other sources
of law outside of the code is allowed. The "reglement" would be another source of law.
• Roman law
• Arret de reglement 1551
• Ordinance 1731
• Code civil 1804
You notice this all over Europe, transmission of Roman law into custom law and eventually into a
codification.
What was the basis of the authority of the French Kings to issue ordinances? - correct answer
He was the "boss". They justified it they used Roman law for it, the digest (1,4,1 principium) what
Du Moulin eventually finished his Commentary on the Coutume de Paris, a work that proved
enormously influential. Why was Du Moulin so concerned with the custom of Paris? - correct answer
He saw it as a good way that could easily become the shared common law of France, instead of Roman
law as a subsidiary source of law. To achieve the study of customs of France.
Why did Du Moulin hope to achieve with the study of the customs? - correct answer
He wanted it to be used instead of Roman law as a subsidiary source.
Look up the lex si umquam, (C.8,55, (56),8) cited below on page 6. eplain whether it would be applicable
in the case of Du Moulin if the mos Fallicus would determine its interpretation. Why (not)? - correct
answer If it was the mos gallicus, it wouldn't be applicable. They don't look at the
historical part, the French. Du Moulin wanted it to be the Italian way, because they also include
relatives. He wanted to find a general principle behind this text, mainly if you gave away/donated part of
your property and got children then you should get it back.
Modern French courts are nog longer supposed to pronounce arrets de reglement. Explain why - correct
answer Two answers:
1. Montesquieu French courts shouldn't make laws but interpret them. Separation of
powers.
2. France has a civil code now, characteristics is that it is exclusive, no other sources
of law outside of the code is allowed. The "reglement" would be another source of law.
• Roman law
• Arret de reglement 1551
• Ordinance 1731
• Code civil 1804
You notice this all over Europe, transmission of Roman law into custom law and eventually into a
codification.
What was the basis of the authority of the French Kings to issue ordinances? - correct answer
He was the "boss". They justified it they used Roman law for it, the digest (1,4,1 principium) what
