Academic literature on the topic 'Customary law – France'
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Journal articles on the topic "Customary law – France"
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Kleczkowska, Agata. "Changing Customary Law." International Community Law Review 21, no. 3-4 (July 12, 2019): 369–89. http://dx.doi.org/10.1163/18719732-12341407.
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Abstract The unwritten nature of customary international law (CIL) enables it to remain flexible and easily adaptable to changes in States practice and opinio juris, but at the same time may be the source of substantial uncertainties when it comes to the formation, identification and development of customary norms. To investigate this issue, this paper examines the attitudes adopted by States in the aftermath of the airstrikes conducted in Syria by the USA, the UK and France in 2017 and 2018, respectively. The paper is divided into two parts: the first part includes a brief summary of the statements made by States, including the intervening States, after the 2017 and 2018 airstrikes, while the second part is devoted to the analysis of how CIL may have been influenced by the reaction of States to the airstrikes.
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van Caenegem, Raoul. "The modernity of medieval law." European Review 8, no. 1 (February 2000): 37–53. http://dx.doi.org/10.1017/s1062798700004531.
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Medieval lawsuits from the highest courts of England and France show the concern of authorities for even minor issues involving ordinary people – a democratic and modern trait. In comparing the English Court of Common Pleas to the Parlement of Paris, it can be seen that classical Roman law made a great impact on France, while the English Court ignored Roman law and applied English customary law and acts of Parliament. The Parlement of Paris also had to apply local customs, but its judges had all studied Roman and no customary law at the university; however, for political reasons they were not allowed to refer openly to the Roman law in which they had been educated. The jury was a major medieval contribution to modern democratic thinking, as was the political idea that matters concerning the whole community ought to be decided by all its members. The American power-sharing system, between President and Congress, continues the late medieval balance between King and Parliament. English common law was one of the great creations of the Middle Ages and the only system of comparable importance is continental civil law (with Germanic and Roman roots). This paper considers the chances of the elaboration in the 21st century of a common European law combining elements from both traditions.
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Zwalve, W. J. "Sola scriptura, An essay in comparative legal history on 'obligacions' in thirteenth century France and England." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 80, no. 1-2 (2012): 95–128. http://dx.doi.org/10.1163/157181912x626939.
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AbstractIt is contended in this article that the doctrine of litterarum obligatio, as developed by Jacques de Révigny on the basis of Inst. 3,21, was not inspired by Roman law, but by the 'lettre scellée' of contemporary French customary law. It is also argued, that the English deed is the equivalent of the 'lettre scellée' of medieval French customary law, like the English recognizance is the equal of the publicum instrumentum, the 'lettre de baillie', of French customary law. They were primarily executory instruments, devised to prevent litigation by allowing for executory proceedings to be initiated after a summary hearing in court. They were the products of a legal culture that did not, as yet, recognize national boundaries. Nevertheless, English law was about to break away from its continental origins, by continuing to employ legal expedients, such as the deed, which, on the continent, were beginning to become obsolete, or completely changed in character, on account of the persistent pressure of canon law and Roman law. The demise of the deed on the continent was mainly, if not exclusively, due to the influence of Roman law and canon law, which allowed for parole evidence to defeat any instrument. The persistence of the deed in English law was guaranteed by the fact that it did not allow this to happen.
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Kim, Marie Seong-Hak. "Law and Custom under the Chosŏn Dynasty and Colonial Korea: A Comparative Perspective." Journal of Asian Studies 66, no. 4 (October 29, 2007): 1067–97. http://dx.doi.org/10.1017/s0021911807001295.
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A number of Korean legal historians have argued that Chosŏn Korea had a tradition of customary law and that it was suppressed and distorted by the Japanese during the colonial period. But a comparison of Korean “custom” with that in late medieval France, where the legal concept of customary law developed, reveals that custom as a judicial norm was absent in premodern Korea. The Korean “customary law” that has been postulated as a true source of private law in Korean historiography was the invention of the Japanese colonial jurists. The Japanese collected Korea's popular usages that were supposed to serve as an antecedent for a modern civil law, and colonial judges employed the legal instrument of custom in reordering Korean practices into a modern civil legal framework. In colonial Korea, custom played the role of an intermediary regime between tradition and the demands of modern civil law.
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Frémont, Jacques. "Legal Pluralism, Customary Law and Human Rights in Francophone African Countries." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 149. http://dx.doi.org/10.26686/vuwlr.v40i1.5383.
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This article provides a perspective on human rights in sub-Saharan Africa, with an emphasis on states colonised and influenced by the continental cultures of France and Belgium. The author examines what the Pacific can gain from the Francophone countries' understanding of human rights, with insights into the interface of cultures in post-colonial statehood. The article is one of four background papers which provide paradigms and challenges for a possible Pacific charter.
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Oxman, Bernard H., and Stefan A. Riesenfeld. "France—immunity from taxation under ICJ Statute—effect of customary international law in French administrative courts." American Journal of International Law 92, no. 4 (October 1998): 764–65. http://dx.doi.org/10.2307/2998143.
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In Re Aquarone. 101 Revue Générale de Droit International Public 838 (1997).Conseil d'Etat (Assemblée), June 6, 1997.In this case, the French Council of State, sitting in its most authoritative formation, had to pass on a petition by Stanislav Aquarone for review of a judgment of the administrative court of appeal of Lyon, dismissing his request for annulment of die imposition by France of income taxes on his retirement pension for the years 1981-1986, paid by the United Nations. In a carefully crafted opinion, the highest administrative court of France rejected die petition and die claim of immunity from taxation of his retirement pay by Aquarone, a former Registrar of the International Court of Justice and an Australian national now living in Gordes, France.
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Liu, Bowen. "Analysis of the Revival of Roman Law and the Strengthening of French Kingship in the 12th Century." Journal of Education, Humanities and Social Sciences 8 (February 7, 2023): 1355–59. http://dx.doi.org/10.54097/ehss.v8i.4484.
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Around the 12th century, the Roman law revival movement came into being as the commodity economy developed, cities saw a revival, and traditional Germanic customary law could not solve the new problems that arose in society. Under the influence of the Roman law revival movement in the 12th century, the influence and recognition of Roman law were greatly enhanced. Many excellent jurists emerged in various countries in Western Europe, especially France. This article examines the connection between the Roman law revival movement and the strengthening of royal power in France in the 12th century. The author argues that the Roman law revival contributed to the rise of the French jurists, who actively interacted and cooperated with the French crown. The King sought to strengthen his power, made solid arguments for the construction of the legitimacy of the crown, and made significant contributions to the construction of a national legislative and judicial system, effectively contributing to the strengthening of the French crown.
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Uimonen, Jari. "The Personal Status in French Law: With Special Focus on Overseas Territories." International Journal on Minority and Group Rights 21, no. 4 (October 18, 2014): 451–68. http://dx.doi.org/10.1163/15718115-02104001.
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France has reputation as a highly centralised unitary state. In the background there is, however, a long history of particularism: during the pre-Revolutionary ancien régime, the country had a large number of local coutumes. The colonies formed another question: even after the Revolution of 1789 they were considered as an exception to the major rule. From the 18th century France has used the notion spécialité legislative, which recognises the legal difference in overseas areas. This policy continues in modern France as a different legal treatment of more integrated overseas regions (former territories) belonging to the European Union, and the other overseas collectivities, more loosely connected to Metropolitan France. Signs of legal pluralism can be found from both Metropolitan France and overseas collectivities, but three of the last-mentioned are of special interest to this article: New Caledonia, Wallis and Futuna and Mayotte. In all of them the French Constitution recognises the existence of separate personal status. In New Caledonia and Wallis and Futuna this status is closely related to indigenous custom, dominating the daily life in family relations and land owning. In Mayotte, the personal status is a mixture of Islamic law and African customary law. In other overseas collectivities there are also remnants, or pockets, of personal status visible, but they have no constitutional or official legal recognition. The article shows that although the official French policy has considered the personal status a transitory measure, it is not completely vanishing. In the Pacific region it is even strengthening, as the example of New Caledonia well indicates.
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Schmidt, Albert J., and Elizabeth A. R. Brown. "Customary Aids and Royal Finance in Capetian France: The Marriage Aid of Philip the Fair." American Journal of Legal History 37, no. 4 (October 1993): 521. http://dx.doi.org/10.2307/845823.
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Hanley, Sarah. "“The Jurisprudence of the Arrêts”: Marital Union, Civil Society, and State Formation in France, 1550–1650." Law and History Review 21, no. 1 (2003): 1–40. http://dx.doi.org/10.2307/3595067.
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During the 1500s and 1600s when state building in France depended on the government's ability to staff administrative and judicial offices, prime candidates emerged from the famous law schools. Steeped in new research methods favoring a documentary base, Jurists focused legal studies on the French past, rather than a Roman one, and fostered historical and comparative views of society, law, and nation. Searching in archives for customs and laws, they wrote histories tracing the development of French institutions, including the Parlement of Paris, and devised civic rituals to articulate French constitutional precepts in that court. Practicing law as well, they collected “notable arrêts” (judicial decisions) on questions of law, advanced legal theories and legislative projects, and facilitated the circulation of legal knowledge within a general public caught up in judicial activism born of social change and political necessity. By challenging operative facets of two great legal systems in the western world, Roman law and Canon law, and by amending French Customary law, they developed a system of “French jurisprudence” and legally framed a “civil society” that underwrote the claim to political sovereignty as a nation.
Dissertations / Theses on the topic "Customary law – France"
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Laidani, Amar. "Le droit coutumier kabyle pendant la colonisation française." Thesis, Montpellier, 2019. http://www.theses.fr/2019MONTD035.
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Notre thèse a comme sujet l’analyse des phénomènes de la codification et la réforme des coutumes kabyles qui ont eu lieu pendant la colonisation française.La « codification » et la « réforme » sont deux éléments clés du droit colonial du Second Empire colonial français. Le droit coutumier kabyle a été le résultat d’une codification des coutumes kabyles qui a été menée par un militaire, Adolphe Hanoteau, et un magistrat, Aristide Letourneux. Cette codification a pris la forme d’un ouvrage en trois volumes, intitulé La Kabylie et les coutumes kabyles. Ce droit coutumier a été officiellement reconnu par la législation coloniale française par le biais de l’article 2 du décret du 29 août 1874. Cette reconnaissance officielle des coutumes kabyles a eu comme effet la création d’un statut juridique particulier de droit privé, celui de l’indigène musulman régi par le droit coutumier kabyle.Les coutumes kabyles codifiées par le régime militaire ont été par la suite réformées par le régime civil. La première coutume à avoir été réformée a été celle de la chefaa (retrait successoral), suivie par la tutelle des mineurs kabyles par le biais du décret de 01 juin 1902 et par les coutumes kabyles en matière de matière de divorce et droit successoraux des femmes kabyles à travers les décrets du 2 et du 19 mai 1931.Notre thèse s’articule autour de deux parties. Dans la première partie, nous avons décrit les raisons qui ont été à l’origine de la codification des coutumes kabyles. Nous nous sommes concentrés sur la politique menée par les Bureaux Arabes en Kabylie et sur la manière dont les coutumes kabyles ont été rédigées dans l’ouvrage d’Hanoteau et Letourneux, intitulé La Kabylie et les coutumes kabyles. Dans la deuxième partie de la thèse, nous nous sommes penchés sur la période du régime civil (1871-1931) et sur la jurisprudence ainsi que sur la législation qui ont réformé les coutumes kabyles en matière de chefaa, de tutelle des mineurs et de statut des femmes.Un chapitre final est dédié à l’analyse de l’héritage postcolonial du droit colonial français appliqué en Algérie au sein du droit algérien durant les années 1962-1975 ainsi qu’au sein de l’actuel droit français d’Outre-mer à Mayotte et en Nouvelle-CalédonieThe main topic of our dissertation is the analysis of the phenomena of the codification and the reform of the Kabyle customary law which took place during the French colonial era.The codification and the reform are two keywords of the colonial law history of the french Second Colonial Empire. Kabyle’s customary law (droit coutumier) was the result of the codification of Kabyle’s customs that was made by a soldier, Adolphe Hanoteau and a judge, Aristide Letourneux. The result of this codification was a treatise of three volumes entitled La Kabylie et les coutumes kabyles. This customary law was officially recognized by the french colonial legislation by means of Article 2 od the Decree of August 29, 1874. This official recognition of Kabyle customs creates a special legal status, the Muslim indigenous ruled by Kabyle’s customary law. The Kabyle’s customs codified by the military were subsequently reformed by the civil regime. The first customs that have been reformed was the chefaa, followed by the guardianship of the Kabyle minors through the decree of the 01 June 1902 and the Kabyle’s customs in matters of divorce and inheritance rights of Kabyle women though the decrees of May 2nd and 19th, 1931.Our thesis is divided into two parts. In the first part, we have described the reason of the codification of Kabyle’s customs. We focused on the policy of the Arab Bureaux in Kabylia and the way in which the kabyle customs were written in the work of Hanoteau an Letourneux, entitled La Kabylie et les coutumes kabyles.In the second part of the thesis, we focused on the period of the civil regime (1871-1931) and the case law as well as the legislation that reformed the Kabyle’s customs regarding chefaa, guardianship of minors and the status of women. A final chapter is dedicated to the analysis of the postcolonial heritage of the French colonial legislation in the Algerian legal system during the years 1962-1975, as well as in the current French overseas law in Mayotte and in New Caledonia
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Artagnan, Isabelle d'. "Le pilori au Moyen âge dans l'espace français." Thesis, Sorbonne université, 2019. http://www.theses.fr/2019SORUL102.
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Au cours du XIIe siècle, au cœur des villes du royaume de France rendues prospères par les développements des échanges commerciaux, apparaît un nouveau monument qui incarne l’autorité du haut justicier local et son emprise sur l’espace urbain. Ce poteau armorié, appelé dès l’origine « pilori », est certes un instrument pénal qui permet d’exposer les criminels à la vindicte populaire. Ses usages sont pourtant plus riches que sa fonction punitive. Le pilori est aussi un outil de prévention du scandale, une institution au service de la paix du marché, où il est implanté, ainsi qu’un symbole de l’état du rapport de forces entre les différentes juridictions urbaines. Alors qu’il est central dans le paysage urbain, l’étude de ce signe de justice a longtemps été délaissée par l’historiographie. Le renouveau continu de l’histoire de la justice médiévale depuis les années 1990 invite à l’analyser avec le même sérieux dont les fourches patibulaires ont récemment bénéficié. Pour rendre compte de la pluralité de facettes du pilori et de la peine qui porte son nom, nous avons privilégié une approche anthropologique, centrée sur les parcours des agents confrontés à ces objets juridiques. Cela nous a amené à explorer les stratégies discursives des juges et juristes qui ont contribué à l’invention du pilori, puis à sa rapide diffusion dans tout le royaume. Nous observons ensuite comment les sens et usages de la peine d’exposition évoluent à mesure que de nouvelles juridictions s’en emparent. En parallèle, nous décrivons la prise en charge du rituel d’exposition par le public, moment de refondation, autour du personnel de justice et aux dépens du condamné, d’une confiance commune. Enfin, une sociographie des condamnés au pilori débouche sur une réflexion plus large visant à brosser le devenir des infâmes dans la société médiévaleDuring the 12ᵗʰ century, at the heart of the French kingdom’s towns that thrive thanks to the development of trade, a new monument, embodying the local high justice and its foothold on the urban space, emerges. While this armorial stake, called « pillory » from the beginning, is indeed a penal device used to submit criminals to popular punishment, it has many other uses. The pillory also prevents scandals, helps protect peace on the market, where it stands, and embodies the balance of power between the different urban jurisdictions. Despite the pillory’s central location in the urban landscape, its study has been long neglected by historiography. The ongoing renewal of medieval justice studies since the 1990s encourages an analysis of the pillory as thorough as the recently-studied gallows have been. In order to expose the many facets of both the pillory and the punishment bearing the same name, an anthropological approach was favored, focusing on the stories of all the different people who were faced with these objects of justice. This brought us to explore the storytelling strategies of the judges and lawyers who contributed to the pillory’s invention and its subsequent fast spread throughout the entire kingdom. We then observe how the meanings and uses of the public exhibition sentence evolve as new jurisdictions make it their own. In the meantime, we describe how the public takes over the penal ritual, and how it rebuilds trust in each other. Finally, a sociography of the convicted to the pillory leads to broader thoughts on the fate of the infamous in medieval society
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Pilorget, Julie. "Des femmes dans la ville : Amiens (1380-1520)." Thesis, Sorbonne université, 2018. http://www.theses.fr/2018SORUL118.
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Cette thèse de doctorat étudie la place des femmes dans la société urbaine des derniers siècles du Moyen Âge. Son objectif réside en l’examen des multiples opportunités offertes alors aux femmes, tant dans le domaine juridique qu’économique et social. La recherche s’appuie sur l’observatoire privilégié de la ville d’Amiens, capitale régionale dynamique, qui présente l’intérêt d’appartenir à un système coutumier original, particulièrement favorable aux femmes. La caractéristique des coutumes picardes tient essentiellement à ce qu’elles donnent la priorité au ménage sur le lignage. L’institution de la communauté de biens entre époux permet ainsi de considérer les femmes comme de véritables actrices économiques. Leurs différentes occupations révèlent leur présence quotidienne et leur participation constante à la vie économique de la cité. Sur le plan social, elles en retirent une visibilité certaine et font partie intégrante de la communauté des habitants. De plus, l’étude des registres de délibérations et livres de justice démontre qu’elles n’hésitent pas à s’affirmer par la verdeur de leur propos sur la place publique, où tous sont en représentation. L’objectif de ce travail est également d’améliorer notre compréhension des rapports de genre dans le contexte du renforcement de l’ordre social à l’aube des Temps Modernes. Enfin, d’un point de vue méthodologique, ce sujet, centré sur un espace de syncrétisme aux confins des influences flamande et orléano-parisienne, entend réinterroger les périodisations académiques et conduire, par le dialogue entre sciences humaines, au décloisonnement des réflexionsThis dissertation examines the place of women in the medieval town of Amiens and demonstrates the continuing significance of women’s participation in diverse aspects of social and economic life during the historical shift from the medieval to the early modern era. This city adhered to a unique legal system called ‘picard-wallon’, which was particularly favourable to women, making them the owners of half of the family patrimony. Since family structures played a determining role in the ideological choices and economic behaviour of family members, the institution of community property between spouses allows us to consider women as legitimate economic agents. The study of women’s activity in the marketplace in particular, shows that we should first rethink the public/private dichotomies that have long been applied to gender studies. This work also highlights the nature of women’s contribution to the medieval society. Public space fostered orality and the production of specific speech acts. The study of women’s involvement in crime shows that they were not afraid of defending their honour if necessary. Therefore, this dissertation sheds light on the reinforcement of the public order at the end of the Middle Ages and its consequences on gender relations at the beginning of the early modern period. Finally, this dissertation makes use of new methodological perspectives. By focusing on a place of syncretism, at the intersection of three different regional areas, this study highlights the multi-cultural influences at work in the city in order to interrogate the relevance of classical periodization and establish the importance of a transdisciplinary approach to medieval studies
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PONTHOREAU, Marie-Claire. "La reconnaissance des droits non-ecrits par les cours constitutionnelles italienne et francaise : Essai sur le pouvoir createur du juge constitutionnel." Doctoral thesis, 1991. http://hdl.handle.net/1814/4754.
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Defence date: 29 November 1991Examining board: Prof. B. de Witte, I.U.E., superviseur ; Prof. L.M. Diez-Picazo, I.U.E. ; Prof. J.C. Escarras, Toulon ; Prof. A. Pizzorusso, Pise ; T. Renoux, Aix-Marseille ; Prof. M. de Villiers, Nantes
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Books on the topic "Customary law – France"
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Esther, Cohen. The crossroads of justice: Law and culture in late medieval France. Leiden: E.J. Brill, 1993.
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Louis, Assier-Andrieu, ed. Une France coutumière: Enquête sur les "usages locaux" et leur codification (XIXe-XXe siècles). Paris: Editions du Centre national de la recherche scientifique, 1990.
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Ecrire les coutumes: Les droits seigneuriaux en France, XVIe-XVIIIe siecle. Paris: Presses universitaires de France, 2006.
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Le Grand coutumier de Normandie: The laws and customs by which the Duchy of Normandy is ruled. St. Helier, Jersey, Channel Islands: Jersey and Guernsey Law Review, 2009.
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P, Akehurst F. R., ed. The Etablissements de Saint Louis: Thirteenth-century law texts from Tours, Orléans, and Paris. Philadelphia: University of Pennsylvania Press, 1996.
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Customary aids and royal finance in Capetian France: The marriage aid of Philip the Fair. Cambridge, Mass: Medieval Academy of America, 1992.
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Imaginaires juridiques africains: Représentations et stratégies juridiques de migrants d'Afrique noire en France et au Québec. Paris: CIEMI, 1995.
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Zink, Anne. L' héritier de la maison: Géographie coutumière du Sud-Ouest de la France sous l'Ancien Régime. Paris: Editions de l'Ecole des hautes études en sciences sociales, 1993.
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Jacob, Robert. Les époux, le seigneur et la cité: Coutume et pratiques matrimoniales des bourgeois et paysans de France du Nord au Moyen Age. Bruxelles: Facultés universitaires Saint-Louis, 1990.
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Jean, Caswell, and Sipkov Ivan 1917-, eds. The coutumes of France in the Library of Congress: An annotated bibliography. Clark, N.J: The Lawbook Exchange, Ltd., 2005.
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Wade, Lewis. "‘The Honour of Giving My Opinion’: General Average, Insurance and the Compilation of the Ordonnance de la marine of 1681." In General Average and Risk Management in Medieval and Early Modern Maritime Business, 415–30. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-04118-1_15.
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AbstractThe Ordonnance de la marine of 1681 marked—at least in theory—a pivotal step forward in enshrining the unfettered maritime authority of the French state. Spearheaded by Jean-Baptiste Colbert, Louis XIV’s famous minister, the wide-reaching Ordonnance assimilated a rich genealogy of customary maritime law into a single proclamation of positive law. Yet very little has been said by historians about how the Ordonnance was compiled. This essay sheds light on this process through studying the Chambre générale des assurances et grosses aventures (1668–1686), a little-known Parisian insurance institution established under the auspices of Colbert. The crown consulted the Chambre on maritime affairs before the Ordonnance was issued. Yet, as an insurance institution, the Chambre was not an impartial source of counsel. This essay analyses the advice given by the Chambre on which entities should contribute to General Average costs in instances of ship redemptions, which bore clear evidence of self-interest. This forced the crown to reinterpret its advice within a broader logic that catered to the interests of other maritime stakeholders at the expense of insurers. This case study invites us to evaluate our understanding of how the Ordonnance was compiled and to reflect more broadly on the interests of the French state in insurance practices across France.
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Wily, Liz Alden. "Transforming legal status of customary land rights: what this means for women and men in rural Africa." In Land governance and gender: the tenure-gender nexus in land management and land policy, 169–81. Wallingford: CABI, 2021. http://dx.doi.org/10.1079/9781789247664.0014.
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Abstract This chapter provides an overview of land tenure reform, which should, in theory, prove a potent trigger towards equitable land relations between men and women in the customary land sector. This has been progressively underway in Africa since the 1990s. Broadly, a common objective is to release customary rights from their historical subordination as occupancy and use rights on presumed unowned lands, and much of which land remains vests in governments as ownercustodians. Or, where national laws have treated customary rights more equitably, a principal aim of reforms is to increase their security by these rights to be registrable without their extinction and conversion into statutory private rights. In short, this new phase of African land reform could signal the end of 70 years of intended disappearance of customary tenure as formally advised by the East African Royal Commission in 1955 and core elements of which were also adopted by France in respect of its own African possessions.
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Pérès, Cécile. "Compulsory Portion in France." In Comparative Succession Law, 78–107. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850397.003.0004.
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This chapter deals with the réserve héréditaire in the French law of succession. In the presence of descendants or, failing that, a surviving spouse, French law limits the deceased’s freedom to dispose of his or her property by will or gifts. A person’s estate is notionally divided into two parts: the quotité disponible, which he or she may freely dispose of, and the réserve héréditaire, which the law transfers to certain designated heirs. The réserve héréditaire of the French Civil code is the fruit of a long historical tradition stemming from both Roman law and customary law. It has constantly adapted to the evolution of society. That evolution continues today. The Act of 23 June 2006 had made the réserve héréditaire evolve in a more liberal direction. However, the foundations of the réserve héréditaire – particularly with regard to descendants – remain solid and unchallenged.
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"Vernacular Writing and the Transformation of Customary Law in Medieval France." In Vernacular Law, 1–26. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781009217873.001.
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Rüfner, Thomas. "Customary Mechanisms of Family Protection." In Comparative Succession Law, 39–77. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850397.003.0003.
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Even before Roman law became a dominant factor in the development of the law, the power to dispose of one’s property by last will or testament was (re-) introduced into the law of succession in many areas of Europe. Customary law restricted the freedom of testamentary disposition to certain categories of property or to a certain share of the estate. Sometimes, dispositions were only possible with the consent of close family members. In the early-modern period, the customary rules restricting testamentary freedom were amalgamated with the complicated Roman system of family protection. By way of example, this chapter examines the development in the pays de droit coutumier of northern France, and in those parts of Central Europe which were influenced by the law of the Sachsenspiegel. In both areas, the Roman rule which required testators to leave a certain amount (the portio legitima) to close relatives was introduced during the sixteenth century while the customary restrictions were loosened. The provisions of the French Civil Code of 1804 and the Prussian General Land Law of 1794 mark the respective end-points of the developments considered. Codified French law, in keeping with the tradition of the Coutumes, restricted testamentary disposition to a certain share of the estate and reserved the remaining share for close family members. Prussian law contained a simplified version of the Roman portio legitima. Both codes betrayed a sceptical attitude towards freedom of testation, which was characteristic of the teachings of many natural lawyers.
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Kim, Marie Seong-Hak. "The Idea of “Our French Law”." In Custom, Law, and Monarchy, 157–85. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192845498.003.0006.
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This chapter looks at how doctrinal and jurisprudential developments systematized and consolidated the legal hierarchy of the state. Reduced to written texts and published as law by the parlements, customary norms became fixed, immutable rules. Scholars eagerly commented on customs, and jurisprudence filled silences and inadequacies in them. Legal humanists challenged the conception of Roman law as jus commune and postulated custom as the common law of France. The effort to reconfigure customary law as a method and learning, commensurate with the science of Roman law, raised the expectation for bringing unity in French law. François Hotman propagated the idea that French law could be gathered and organized into a unified code on the Roman model.
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Macknight, Elizabeth C. "Divisions of inheritance." In Nobility and patrimony in modern France. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9781526120519.003.0003.
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The Assembly abolished primogeniture on 15 March 1790 and introduced the law on partible inheritance on 8 April 1791. Under the ancien régime nobles had benefited from more flexible arrangements with a welter of possibilities for allocating inheritance. The legal systems varied across the country with written law operating in most of the south and local customary systems in the north. Decision-making was also influenced by social status. This chapter focuses on the apportioning of patrimony, especially nobles’ responses to the notion of equality among siblings that underpinned revolutionary reforms in legislation. It engages with debates conducted among scholars of the Middle Ages and early modern era about law, gender, and emotion, and presents new findings from analysis of nobles’ wills, marriage contracts, and letters from the nineteenth and twentieth centuries.
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Ferguson, Gavin, and Chris Hards. "Guernsey." In International Succession, 377–94. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198870463.003.0022.
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This chapter presents the legal system of Guernsey: the customary law system. It recounts that the law has developed from the common law of Normandy and France prior to 1789. In other matters such as tort and certain aspects of contract law, English common law is now largely followed. The chapter emphasizes that the law distinguishes between wills made inside the island of Guernsey and those made outside. It underlines that a will of both realty and personalty can be made outside the Bailiwick of Guernsey provided that it is validly made in accordance with the requirements for wills of personalty. For intestate persons dying on or after 2 April 2012, the chapter reveals that the provisions of Part III of the 2011 Law apply, repealing the rules under the Loi sur les Successions 1840 (the ‘1840 Law’). Ultimately, this chapter turns to review the freedom of testation. It argues that there are no restrictions on a person’s testamentary freedom and a person will be able to leave his or her property to whomever he or she wishes. The chapter also considers the community of property regime and the Real property under Guernsey law.
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Mouly, Christian, and Pascale Bloch. "France." In European Banking Law: The Banker–Customer Relationship, 35–61. Informa Law from Routledge, 2020. http://dx.doi.org/10.4324/9781003123224-3.
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Silvana de Rosa, Annamaria, Laura Dryjanska, and Elena Bocci. "Evaluative Dimensions of Urban Tourism in Capital Cities by First-Time Visitors." In Advances in Marketing, Customer Relationship Management, and E-Services, 524–38. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-7766-9.ch041.
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This chapter evaluates the social representations of historic European capital cities, comparing it before and after the first-time visit that took place in the period from 2011 to 2013. Based on the set of empirical data, it presents and discusses the integrative framework for evaluation of a city conceived as a resource in responsible urban tourism. In particular, the social representations of Madrid, London, and Warsaw by 420 visitors from seven different EU and non-EU countries (France, Germany, Italy, Poland, Spain, United Kingdom, and United States) are examined according to the modelling approach to the theory of social representations, focusing on the evaluative dimension present in an implicit and explicit way. Understanding how tourists assess the resource that they access, based on previous knowledge as opposed to direct experience, shall lay ground for enabling the policy makers and city planners to take into account the expectations of visitors while pursuing urban tourism development in the geo-cultural locations of European capital cities.
Conference papers on the topic "Customary law – France"
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Objois, Laurent, Fabrice Moggia, Valérie Toulemonde, Thierry Varet, Frédéric Richard, and Fernand Benchikhoune. "Improvements Realized on the Cryogenic Solution Called NiThrow™." In ASME 2013 15th International Conference on Environmental Remediation and Radioactive Waste Management. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/icem2013-96281.
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The economic, environmental, social and societal constraints have pushed the nuclear industry to develop new dismantling and decommissioning (D&D) techniques in order to meet the current industrial requirements. Since 5 years, AREVA, in partnership with Air Liquide, has been working on a new cryogenic solution that can be used to achieve the main important D&D operations (i.e. cutting, surface decontamination and concrete scabbling). This solution, called NiThrow™, is based on the Nitrocision LLC concept and consists in spraying highly pressurized liquid nitrogen (3500 bar) at a very low temperature (−140°C) onto a surface. The main advantage in using liquid nitrogen instead of water is due to its rapid conversion into gaseous nitrogen that will avoid the generation of liquid effluent. The preliminary trials made in France at Saint Ouen l’Aumône and at the AREVA SICN facility by using NiThrow™ appeared to be very interesting and promising in terms of effectiveness, reduction of the dosimetry (i.e. ALARA principle) and adaptability to the different types of surfaces and materials to be treated. On an other hand, they also highlighted a couple of defects like a lack of reliability that is not compatible with a safety use in a nuclear environment. In 2009, with the aim of fixing all these issues, AREVA decided to start an extensive R&D program. This work has been essentially focused on the lancing tool, the insulation and the flexibility of the liquid nitrogen distribution network, but also on the design and the manufacturing of a waste collection unit and a dedicated carrier. Today, these R&D efforts have been totally completed. and resulted to the publication of 3 patents. Also, the collaboration, with Air Liquide and the American company Conco allows AREVA to propose to its customers a safe and reliable solution for their cleaning operations in France and all over the world.
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Cunha, Adriana, and João Silva. "Improve Enterprise Resources Management Through the Usage of IoT in the Shopfloor." In ASME 2018 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/imece2018-87589.
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Industrial demand has changed and present increasingly demanding requirements. Companies need to evolve and innovate to be able to go along and fulfill its customers requirements. Currently, major players have the capacity, resources and money, to install the most innovate and expensive machines, tools and devices on its shop-floor. SMEs on its side, face several challenges to manage its limited resources. SME aims to maximize the usage of the available resources to continue its activity and if possible to grow. The usage of low-cost IoT devices allow companies to monitor the usage of its resources and the quality of its products without the need to made a huge investment that wouldn’t be affordable for them. The results presented were a result of the C2NET Project that was designed to comprehensively cover the entire supply chain considering all stages of manufacturing, distribution and sales to supply a product to market. The results achieved were able to fulfill specific needs of the industrial partners of the project, and were validated by 6 companies from Automative, DermoCosmetics, Metalworking and OEM (Original Equipment Manufacturer) Industries from Spain, France, Portugal and Finland.[1] A Metalworking SME was used as an use case due to its complexity and diversity, although most of the achievements can be replicated in other industries, even the more traditional ones.
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Toikka, Tero, Olli-Pekka Hilmola, and Juha P. Saranen. "Evaluating Different Railway Wagon Alternatives for Timber Transportation by Discrete Event Simulation." In IEEE/ASME/ASCE 2008 Joint Rail Conference. ASMEDC, 2008. http://dx.doi.org/10.1115/jrc2008-63061.
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Finland with Sweden is one of the most important pulp producing countries in Europe, and in paper production these two countries are accompanied with Germany and France as being most important countries of production. For the production of pulp, most important parts are (1) the quality and scale of production process as well as (2) cost efficient and high quality raw material. In addition to using its own raw material sources, Finland purchases wood from various different regions, including Russia. In a frequent number of cases raw material transports is completed with rail transports, especially in the case of Russia where distances are relatively long for transports (several thousand kms). Until now Russian timber has had a cost advantage in comparison to Finnish raw material. The availability of a cheaper alternative has also kept the price of domestic raw material at a relatively low level. However, Russia has announced a schedule to increase tariffs for timber exports. As a consequence the exporters of Russian timber need to examine and fine tune their cost structure of timber procurement to correspond to this new demanding environment. In this paper we examine the transportation cost of forest industry raw material using different types of railway wagons. The case network consists of four Russian terminals and two mills located in Finland. The evaluation is based on a discrete event system simulation model concentrating on timber transport within the case network in question. To make this evaluation even more interesting, Russian railway deregulation has its own special feature: Railway customers are allowed to own railway wagons, but nationally owned RZD owns the locomotives and charges for traction. Our research results show that the traction charge of RZD and competing road transport prices are the most influential factors, when determining the most cost efficient wagon type and network structure for timber transportation.
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Barreto Fernandes, Francisco António, and Bernabé Hernandis Ortuño. "Usability and User-Centered Design - User Evaluation Experience in Self-Checkout Technologies." In Systems & Design 2017. Valencia: Universitat Politècnica València, 2017. http://dx.doi.org/10.4995/sd2017.2017.6634.
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The increasing advance of the new technologies applied in the retail market, make it common to sell products without the personal contact between seller and buyer, being the registration and payment of the products made in electronic equipment of self-checkout. The large-scale use of these devices forces the consumer to participate in the service process, which was previously done through interaction with the company's employees. The user of the self-checkout system thus performs all the steps of the purchase, from weighing the products, registering them and making the payment. This is seen as a partial employee, whose participation or performance in providing services can be used by the company to improve the quality of its operations (KELLEY, et al 1993). However this participation does not always satisfy the user, and may cause negative experiences related to usability failures. This article presents the results of the evaluation by the users of the self-checkout system. The data were collected in Portugal through a questionnaire to 400 users. The study analyzes the degree of satisfaction regarding the quality and usability of the system, the degree of motivation for its adoption, as well as the profile of the users. Analysis of the sample data reveals that users have basic or higher education and use new technologies very often. They also have a high domain of the system and an easy learning of its use. The reason for using self-checkout instead of the traditional checkout is mainly due to "queues at checkout with operator" and "at the small volume of products". In general, the sample reveals a high degree of satisfaction with the service and with quality, however, in comparative terms, self-checkout is not considered better than operator checkout. The evaluation of the interaction with the self-checkout was classified according to twenty-six attributes of the system. The analysis identifies five groups with similar characteristics, of which two have low scores. "Cancellation of registered articles", "search for articles without a bar code", "manual registration", "bagging area", "error messages", "weight sensor" and “invoice request "are seven critical attributes of the system. The results indicate that the usability analysis oriented to the self-checkout service can be determinant for the user-system interaction. The implications of empirical findings are discussed together with guidelines for future research.Keywords: Interaction Design, Self service, Self-checkout, User evaluation, UsabilityReferencias ABRAHÃO, J., et al (2013). Ergonomia e Usabilidade. 1ª Edição. São Paulo: Blucher. ALEXANDRE, J. W. C., et al (2013). Análise do número de categorias da escala de Likert aplicada à gestão pela qualidade total através da teoria da resposta ao item. In: XXIII Encontro Nacional de Engenharia de Produção, Ouro Preto. BOOTH, P. (2014). An Introduction to Human-Computer Interaction (Psychology Revivals). London Taylor and Francis. CASTRO, D., ATKINSON, R., EZELL, J., (2010). Embracing the Self-Service Economy, Information Technology and Innovation Foundation. Available at SSRN: http://dx.doi.org/10.2139/ssrn.1590982 CHANG, L.A. (1994). A psychometric evaluation of 4-point and 6-point Likert-type scale in relation to reliability and validity. Applied Psychological Measurement. v. 18, n. 2, p. 05-15. DABHOLKAR, P. A. (1996). Consumer Evaluations of New Technology-based Self-service Options: An Investigation of Alternative Models of Service Quality. International Journal of Research in Marketing, Vol. 13, pp. 29-51. DABHOLKAR, P. A., BAGOZZI, R. P. (2002). An Attitudinal Model of Technology-based Selfservice: Moderating Effects of Consumer Traits and Situational Factors. Journal of the Academy of Marketing Science, Vol. 30 (3), pp. 184-201. DABHOLKAR, P. A., BOBBITT, L. M. & LEE, E. (2003). Understanding Consumer Motivation and Behavior related to Self-scanning in Retailing. International Journal of Service Industry Management, Vol. 14 (1), pp. 59-95. DIX, A. et al (2004). Human-Computer Interaction. Third edition. Pearson/Prentice-Hall. New York. FERNANDES, F. et al, (2015). Do Ensaio à Investigação – Textos Breves Sobre a Investigação, Bernabé Hernandis, Carmen Lloret e Francisco Sanmartín (Editores), Oficina de Acción Internacional - Universidade Politécnica de Valência Edições ESAD.cr/IPL, Leiria. HELANDER, M., LANDAUER, T., PRABHU, P. (1997). Handbook of Human – Computer Interaction. North–Holland: Elsevier. KALLWEIT, K., SPREER, P. & TOPOROWSKI, W. (2014). Why do Customers use Self-service Information Technologies in Retail? The Mediating Effect of Perceived Service Quality. Journal of Retailing and Consumer Services, Vol. 21, pp. 268-276. KELLEY SW, HOFFMAN KD, DAVIS MA. (1993). A typology of retail failures and recoveries. J Retailing. 69(4):429 – 52.