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date: 26 June 2022

Abstract and Keywords

The history of French law in the early modern period is characterized by gradual unification, rationalization, and centralization. From the fifteenth century, the central authorities started the official registration of customary law, seeking to implement more legal uniformity and security. The homologation process resulted in the publication of doctrinal treatises, in particular about the custom of Paris, which later became the chief legal basis of the 1804 Code civil. Case law also contributed to the consolidation of private law. The sixteenth and seventeenth centuries are marked by the political commitment of the monarchy to codify law in order to achieve legal and procedural unification, assert royal legislation as the main source of law, and contribute to France’s commercial and colonial policy. The great ordinances of Louis XIV and the custom of Paris were indeed transplanted to Canada and Louisiana and therefore became the main expressions of France’s legal expansion.

Keywords: customary law, customary doctrine, custom of Paris, codification, legislation, great ordinances of Louis XIV, parliaments, French colonies (Canada, Louisiana), legal transplant, case law (arrestography)

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