[Manuscript - Fictitious Collection], DELORT (Pierre-Théodore), FURGOLE (Jean-Baptiste), Anonymous
    EXTRACT FROM THE EXPLANATION OF THE ORDINANCE OF 1735 BY MR. DELORT, PROFESSOR OF FRENCH LAW AT THE UNIVERSITY OF TOULOUSE, YEAR 1779. EXTRACT FROM THE EXPLANATION OF 1731 CONCERNING DONATIONS BY MR. DELORT (...) NOTES AND OBSERVATIONS OF MR. FURGOLE ON HIS COPY OF THE DECREES OF MR. DE CATELLAN. TREATISE ON DIRECT AND TRUSTEE SUBSTITUTIONS.
Édition :
    Toulouse
Date :
    1779
    , manuscript bound in mottled brown calfskin, spine with raised bands and decoration, title page in burgundy morocco, red edges, (skin scratches and small loss on the front cover, upper spine slightly worn with a wormhole), interior fresh, 27-45-190-268 p. and 8 f. .
    Our volume comprises four different texts that should be analyzed separately. Pierre Théodore Delort succeeded his father in 1775 to the chair of French law at the University of Toulouse, a position he held until the Revolution. His teaching is very poorly documented, as no manuscripts survive, except for an anonymous copy of the commentary on the 1695 edict concerning ecclesiastical jurisdiction, which Ch. Chêne (op. cit., p. 165) attributes to him (BM Narbonne, Mss 183). More broadly, manuscript sources are largely lacking for the second half of the 18th century. The main interest of the first two texts included in our collection lies in the fact that, for the first time, the text of two lectures by Delort Fils is provided: the first, given in 1779, concerns the 1735 ordinance on wills; the second, undated (but later than 1776, given the reference to a ruling issued that year, p. 14), concerns the 1731 ordinance on donations. Compared to earlier manuscripts, particularly those by Martres or Boutaric, this one appears as an abridged set of notes, which probably reflects a difference in the function assigned to these handwritten lectures: with the abundance of major treatises on the various topics studied, the lecture no longer had the same universal scope but served primarily as a basis for discussion. Moreover, those presented here are marked by discussions with the great 18th-century Toulouse author Furgole, and it is certainly no coincidence that these lectures have been bound together with works by this author. The third text collected in this volume is equally important: it is a copy of Furgole's annotations in his copy of Catellan's decrees (1730 edition). It should be noted that while this collection of decrees from the Parliament of Toulouse had been updated in 1733 by Gabriel de Vedel, this edition had been quite heavily criticized. It is therefore possible that Furgole's annotations were considered more useful. Nevertheless, they were never published, either separately or in his complete works, so we have here an unpublished text of nearly 190 pages by this key author who served as d'Aguesseau's scribe in drafting the major ordinances of 1731 and 1735. This text is all the more interesting because Furgole discusses, updates, and critiques other authors, a less apparent aspect of his work in his more conventional treatises. This is therefore a discovery of paramount importance for 18th-century French legal doctrine. The fourth text, finally, is a completely anonymous treatise on substitutions. We can confirm that it is neither the work of Ricard, nor of Furgole, nor of Serres, by comparison with the texts published by these authors. It is probably, however, the work of someone from Toulouse, given the frequent references to the procedures for registering the 1747 ordinance by the Parliament of Toulouse. It is later than 1749 (the date of a cited ruling) and certainly even later than 1761, the date of publication of Furgole's commentary on the matter to which it refers (although we cannot rule out the possibility that the author had access to it through a manuscript). We could then hypothesize that it is by Bastard, holder of the chair of French law at Toulouse at that time, who had extensively studied d'Aguesseau's ordinances. If this hypothesis could be confirmed, we would then have an unpublished text by a professor regarded as important but of whom no written trace remains, which would complete this collection of manuscripts, a set of the very first order.

Référence : 10263

Mots-clés : Ordinances

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