Legal history Study Guide With Correct Accurate Answers.
7 views 0 purchase
Module
HISMOW
Institution
HISMOW
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 F...
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller RealGrades. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £10.59. You're not tied to anything after your purchase.
