{"product_id":"35517-mallebay-questions-de-droit-de","title":"MALLEBAY DE LA MOTHE (Simon) – QUESTIONS OF LAW, JURISPRUDENCE AND CUSTOM of the Provinces of Law - Written by the Parliament of Paris, arranged alphabetically by M. de la M., Counselor to the King, his Advocate \u0026amp; Attorney at the Royal Court of Bellac","description":"\u003cp\u003e \u003cstrong\u003eMALLEBAY DE LA MOTHE (Simon), Paris, 1773, in-12, pl. fawn calf rooted, tit. on pc. burgundy, spine with 5 raised bands decorated with fleurons, combs and gilt framing fillets, covers framed with a cold tool, red edge, gilt roll on the edges, Ex-Libris manuscript, some headpieces and tailpieces, fine copy, X-551 p.-[5 ff.].\u003c\/strong\u003e\u003c\/p\u003e \u003cp\u003eWhile Mallebay de la Mothe was particularly esteemed for his commentaries on the Custom of Bordeaux (see Dupin, ref. 1205-2), he also published numerous commentaries on the Custom of Paris between 1766 and 1782. His *Questions of Law* aim to ensure everyone has a general understanding of the law. This is the only way to prevent laws from becoming a source of discord through their misapplication, when they are given a meaning they do not possess, when opposing laws are not reconciled, or when those who have interpreted them are not consulted. To this end, Mallebay opts for a simple and natural exposition of principles, intended to guide the reader toward the truth. A defender of written law, he asserts that Roman law is the supplementary law in customary law regions (\"when custom is silent\") and that, in other regions, Roman law \"is the rule for all.\" \"Judgments.\" Edicts have the force of law \"to shorten procedures and regulate the conduct of civil or criminal trials,\" but not for \"decisions,\" unless they expressly derogate from this. Dealing with the regions of written law under the jurisdiction of the Parliament of Paris, the author analyzes the jurisprudence (Journal des audiences) and, alongside the usual references (Louet, Bretonnier, Boucher d'Argis, Guyot, Cujas, Guénois, Rousseaud de la Combe), there are also references to the Encyclopedia. The book concludes with a history of the seneschal's court of Bellac, tracing its origins back to Marcus, a Celtic lord believed to have given his name to the region of La Marche. It was well received, as evidenced by its numerous editions and the mentions of it in various issues of the Journal des savants (January 1767 and March 1783). (D. Deroussin, in Dictionnaire historique des juristes français, PUF, 2007).\u003c\/p\u003e","brand":"Mémoire du Droit","offers":[{"title":"Default Title","offer_id":51963355988315,"sku":"35517","price":300.0,"currency_code":"EUR","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0941\/0163\/5419\/files\/35517-1.jpg?v=1766933906","url":"https:\/\/www.memoiredudroit.fr\/en\/products\/35517-mallebay-questions-de-droit-de","provider":"La Mémoire du Droit","version":"1.0","type":"link"}