Old French law, referred to in French as l'Ancien Droit, was the law of the Kingdom of France until the French Revolution. In the north of France were the Pays de coutumes ('customary countries'), where customary laws were in force, while at the south were the Pays de droit écrit ('countries of written law'), where Roman law had remained paramount. Roughly speaking, the line separating the two areas was the river Loire, from Geneva to the mouth of the Charente, although this was not a firm border between the two categories of law.[1] As worded by George Mousourakis, "in both zones, the law in force also included elements derived from royal, feudal, and canonical sources."[2]
Zone of customary laws (droit coutumier) in the north and of written law (droit écrit) in the south, before the French Revolution
This section is missing information about specific examples of customary laws, especially local. Please expand the section to include this information. Further details may exist on the talk page.(April 2020)
In the north existed a variety of customs "with a Frankish-Germanic character."[2]
In the tenth and eleventh centuries, as the Carolingians gave way to the Capetians, Frankish law broke up into many different systems, according to the territories, some extremely small, won by princes and prelates.[3]
The coutumes were asserted and enforced under feudalism during the Middle Ages and in the early modern period by the French kings and their vassals, especially in the lands of the Île-de-France, to the exclusion of Roman law. A number of regional customs were compiled in custumals starting from the 13th century: e.g. the Coutumes de Beauvaisis, compiled by Phillipe de Remy. By the 16th century, the Coutume de Paris (first published in 1510) would eventually extend to all of the Parliament of Paris' jurisdiction and beyond in cases of lacunae in the local customs. Antoine Loysel published a work of 958 legal maxims developed over a period of 40 years distilling the coutumes in his Institutes coutumières: Ou manuel de pluſieurs & diuerſes reigles, ſentences, & Prouerbes tant anciens que modernes du Droict Couſtumier & plus ordinaire de la France in 1607.[4] Further development of customary law had been halted by the late 16th century.[5]
For example, Claude de Ferrière commented that "community of goods" ("a partnership between married persons of all personal property, and of all real property acquired during the marriage state") prevailed "throughout all customary France, except Normandy, Rheims and Auvergne."[6]
Pays de droit écrit
As worded by George Mousourakis, "after the revival of Roman law in the late eleventh and twelfth centuries and the spread of its study from Bologna to Montpellier and other parts of France, the Roman law of Justinian was rapidly received in southern France and came to be accepted as the living law of the land",[7] even though, as emphasized by Ernest Glasson, "coutumes did develop in those southern regions, and they often contradicted Roman law."[8] "Prior to this, the pays de droit écrit in the south followed pre-Justinian Roman law, based primarily on the Code of Theodosius II (A.D. 438)",[9] as reissued in the Alarician Breviary.[10] As worded by Antonio Padoa-Schioppa,
When the monarchy was forced to take into account the reality in countries that had written laws, in order to avoid any potential subordination with respect to the [Holy Roman] Empire – of which Justinian Roman law was considered the expression – King Philip IV the Fair established in 1312, with an ordinance, that in the Pays de droit écrit Roman law was admitted, but only as a local custom, not as imperial law.[10]
Attempts at codifying
Louis XI. had formed the idea of using throughout his realm one custom, one weight, one measure. Henry III. announced to the States of Blois his intention of resuming this design, and he caused a code of law to be prepared, and Louis XIII. followed the same example. But these efforts were wholly lost. In the time of Louis XIV., under the direction of some of the celebrated jurists of his reign, the royal power of making laws for the whole realm was exercised, and some very admirable ordinances or statutes were enacted, but they only embraced a few isolated portions (or heads) of law. Under Louis XV., and particularly through the labours of D'Aguesseau, more royal ordinances were made; but these only remodelled detached morsels of the whole system, and the great revolution in 1790 found France governed by nearly 300 systems of customary law.[11]
In the 18th century, Voltaire declared that in travelling through France one changed the laws as often as one changed horses.[1]
When the Napoleonic Code entered into force in 1804 all the coutumes were abolished.[1] However, French customary law was incorporated into the substance of the code.[12]
^ abc"The Civil Code: an Overview". www.napoleon-series.org.
^ abMousourakis, George (2019). Comparative Law and Legal Traditions: Historical and Contemporary Perspectives. p. 217. ISBN9783030282813.
^Zweigert, Konrad; Kötz, Hein (1977). An Introduction to Comparative Law: The framework. p. 70. ISBN9780720407037.
^Charles-Louis-Étienne Truinet (1852). Éloge d'Antoine Loysel prononcé à la séance d'ouverture de la conférence de l'ordre des avocats, le 9 décembre 1852. Paris: C. Lahure.
^. Archived from the original on 2013-09-29. Retrieved 2010-05-31.
^ABRAHAM, Robert (1849). Some Remarks upon the French Tenure of "Franc Aleu Roturier", and on its relation to the feudal and other tenures. p. 61.
^Mousourakis, George (2003). The Historical and Institutional Context of Roman Law. Routledge. p. 435. ISBN9781351888417.
^Caswell, Jean; Sipkov, Ivan (2006). The Coutumes of France in the Library of Congress. p. 3. ISBN9781584776277. {{cite book}}: Missing |author1= (help)
^ abPadoa-Schioppa, Antonio (2017). A History of Law in Europe: From the Early Middle Ages to the Twentieth Century. Cambridge University Press. p. 185. ISBN9781107180697.
^The Law Magazine and Law Review. Vol. 1. 1856. p. 5.
^Stigall, Dan E. (2017). The Santillana Codes. p. 76. ISBN9781498561761.
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This article includes a list of general references but it lacks sufficient corresponding inline citations Please help to improve this article by introducing more precise citations November 2019 Learn how and when to remove this template message Old French law referred to in French as l Ancien Droit was the law of the Kingdom of France until the French Revolution In the north of France were the Pays de coutumes customary countries where customary laws were in force while at the south were the Pays de droit ecrit countries of written law where Roman law had remained paramount Roughly speaking the line separating the two areas was the river Loire from Geneva to the mouth of the Charente although this was not a firm border between the two categories of law 1 As worded by George Mousourakis in both zones the law in force also included elements derived from royal feudal and canonical sources 2 Zone of customary laws droit coutumier in the north and of written law droit ecrit in the south before the French Revolution Contents 1 Pays de coutumes 2 Pays de droit ecrit 3 Attempts at codifying 4 North America 5 See also 6 ReferencesPays de coutumes EditThis section is missing information about specific examples of customary laws especially local Please expand the section to include this information Further details may exist on the talk page April 2020 In the north existed a variety of customs with a Frankish Germanic character 2 In the tenth and eleventh centuries as the Carolingians gave way to the Capetians Frankish law broke up into many different systems according to the territories some extremely small won by princes and prelates 3 The coutumes were asserted and enforced under feudalism during the Middle Ages and in the early modern period by the French kings and their vassals especially in the lands of the Ile de France to the exclusion of Roman law A number of regional customs were compiled in custumals starting from the 13th century e g the Coutumes de Beauvaisis compiled by Phillipe de Remy By the 16th century the Coutume de Paris first published in 1510 would eventually extend to all of the Parliament of Paris jurisdiction and beyond in cases of lacunae in the local customs Antoine Loysel published a work of 958 legal maxims developed over a period of 40 years distilling the coutumes in his Institutes coutumieres Ou manuel de pluſieurs amp diuerſes reigles ſentences amp Prouerbes tant anciens que modernes du Droic t Couſtumier amp plus ordinaire de la France in 1607 4 Further development of customary law had been halted by the late 16th century 5 For example Claude de Ferriere commented that community of goods a partnership between married persons of all personal property and of all real property acquired during the marriage state prevailed throughout all customary France except Normandy Rheims and Auvergne 6 Pays de droit ecrit EditAs worded by George Mousourakis after the revival of Roman law in the late eleventh and twelfth centuries and the spread of its study from Bologna to Montpellier and other parts of France the Roman law of Justinian was rapidly received in southern France and came to be accepted as the living law of the land 7 even though as emphasized by Ernest Glasson coutumes did develop in those southern regions and they often contradicted Roman law 8 Prior to this the pays de droit ecrit in the south followed pre Justinian Roman law based primarily on the Code of Theodosius II A D 438 9 as reissued in the Alarician Breviary 10 As worded by Antonio Padoa Schioppa When the monarchy was forced to take into account the reality in countries that had written laws in order to avoid any potential subordination with respect to the Holy Roman Empire of which Justinian Roman law was considered the expression King Philip IV the Fair established in 1312 with an ordinance that in the Pays de droit ecrit Roman law was admitted but only as a local custom not as imperial law 10 Attempts at codifying EditLouis XI had formed the idea of using throughout his realm one custom one weight one measure Henry III announced to the States of Blois his intention of resuming this design and he caused a code of law to be prepared and Louis XIII followed the same example But these efforts were wholly lost In the time of Louis XIV under the direction of some of the celebrated jurists of his reign the royal power of making laws for the whole realm was exercised and some very admirable ordinances or statutes were enacted but they only embraced a few isolated portions or heads of law Under Louis XV and particularly through the labours of D Aguesseau more royal ordinances were made but these only remodelled detached morsels of the whole system and the great revolution in 1790 found France governed by nearly 300 systems of customary law 11 In the 18th century Voltaire declared that in travelling through France one changed the laws as often as one changed horses 1 When the Napoleonic Code entered into force in 1804 all the coutumes were abolished 1 However French customary law was incorporated into the substance of the code 12 North America EditMain article Custom of Paris in New France In 1664 under the royal act creating the French East India Company the Custom of Paris became the only law of the land in New France 13 In 1866 the Civil Code of Lower Canada was adopted in Lower Canada The majority of the Code s rules borrowed heavily from the Custom of Paris 14 See also EditLegal history of FranceReferences Edit a b c The Civil Code an Overview www napoleon series org a b Mousourakis George 2019 Comparative Law and Legal Traditions Historical and Contemporary Perspectives p 217 ISBN 9783030282813 Zweigert Konrad Kotz Hein 1977 An Introduction to Comparative Law The framework p 70 ISBN 9780720407037 Charles Louis Etienne Truinet 1852 Eloge d Antoine Loysel prononce a la seance d ouverture de la conference de l ordre des avocats le 9 decembre 1852 Paris C Lahure Legal History of France Archived from the original on 2013 09 29 Retrieved 2010 05 31 ABRAHAM Robert 1849 Some Remarks upon the French Tenure of Franc Aleu Roturier and on its relation to the feudal and other tenures p 61 Mousourakis George 2003 The Historical and Institutional Context of Roman Law Routledge p 435 ISBN 9781351888417 Caswell Jean Sipkov Ivan 2006 The Coutumes of France in the Library of Congress p 3 ISBN 9781584776277 a href Template Cite book html title Template Cite book cite book a Missing author1 help Revue generale de droit Vol 24 1993 p 524 a b Padoa Schioppa Antonio 2017 A History of Law in Europe From the Early Middle Ages to the Twentieth Century Cambridge University Press p 185 ISBN 9781107180697 The Law Magazine and Law Review Vol 1 1856 p 5 Stigall Dan E 2017 The Santillana Codes p 76 ISBN 9781498561761 Coutume de Paris The Canadian Encyclopedia Roderick A Macdonald Civil Code The Canadian Encyclopedia Retrieved from https en wikipedia org w index php title Old French law amp oldid 1077868427, 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