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14 - Robert-Joseph Pothier

(1699–1772)

Published online by Cambridge University Press:  10 May 2019

Olivier Descamps
Affiliation:
Pantheon-Assas University, Paris
Rafael Domingo
Affiliation:
Emory University, Atlanta
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Summary

Robert-Joseph Pothier (1699–1772) was undoubtedly one of the most famous French jurists of the Ancien Régime. Following in the footsteps of his father and grandfather, he became a magistrate at the Presidial court, a kind of court of appeal in Orléans. As a full professor at the university, he taught French law, a new subject imposed by royal legislation in 1679. His work is notable in dealing with all the topics of private law. His method was the rationalization of law and its systematization. Pothier analyzed the main sources of law as the customs of Orléans, Roman law, and French law. Regarding this new field, he wrote more than thirty important books on many different question of private law. The importance of his conceptions influenced the fathers of the French Civil Code in 1804.

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