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Robert Joseph Pothier
Orléans - musée des beaux-arts (Portrait du juriste Robert Joseph Pothier).jpg
Born (1699-01-09)9 January 1699
Died 2 March 1772(1772-03-02) (aged 73)
Orléans, Kingdom of France
Resting place Orléans Cathedral
Occupation jurist

Robert Joseph Pothier (born January 9, 1699 – died March 2, 1772) was a very important French jurist, which means he was an expert in law. He is famous for his work on French law, especially how it dealt with agreements and promises, called "contracts." Many of his ideas are still used in law today, even in countries like the United States.

Early Life and Career

Robert Joseph Pothier was born and died in the city of Orléans, France. He came from a family of legal experts. Both his father and grandfather were judges.

Pothier studied law so he could become a judge too. In 1720, when he was 21, he became a judge in the Presidial Court of Orléans. This was a special court that handled many types of legal cases. He worked as a judge for a very long time, for 52 years!

His Work on Law

Pothier spent a lot of time studying and organizing old Roman law texts. These texts were called the Pandects. He wanted to make them clearer and easier to understand.

His most famous work on Roman law was called Pandectae Justinianae in novum ordinem digestae. It was published between 1748 and 1752. This book is still considered a classic for anyone studying Roman law.

In 1749, Pothier became a law professor at the University of Orleans. He taught students about the law.

French Law Contributions

Pothier wrote many important books about French law. A lot of his ideas and writings were later used almost word-for-word in the French Code Civil. This was a big set of laws created in France.

His ideas about "contract law" were very important. Contract law is about agreements people make, like buying something or hiring someone. Pothier's theories influenced law not only in France but also in England and the United States.

He also came up with a rule about damages. If someone didn't do what they promised in a contract, they would only have to pay for damages that could have been expected. They wouldn't have to pay for things that were completely unexpected.

Pothier wrote many books and papers during his life. His collected works have been published many times. The first collection was put together by Giffrein between 1820 and 1824.

Key Publications

Pothier - Traités des contrats aléatoires, 1767 - 325
Title page of Traités des contrats aléatoires, published 1767
  • Coutume d'Orléans (1740; 1760): This book was about the local laws and customs of Orléans.
  • Traité des obligations (1761): This is one of his most famous works, focusing on legal obligations and contracts.
  • Du Contrat de vente (1762): This book was about the law of buying and selling.
  • Du Contrat de bail (1764): This covered the law of leases, like renting a house.
  • Du Contrat de société (1765): This book discussed the law of partnerships.
  • Des Contrats de prêt de consomption (1766): This was about loan agreements.
  • Du Contrat de depot et de mandat (1766): This covered laws about deposits and mandates (giving someone authority to act for you).
  • Du Contrat de nantissement (1767): This book was about pledges and collateral.

His Lasting Impact

Robert Joseph Pothier bas-relief in the U.S. House of Representatives chamber
Bas-relief by Joseph Kiselewski (1950) at the chambers of the United States House of Representatives

Robert Joseph Pothier's way of thinking about law was very important. He didn't just try to create new, perfect laws. Instead, he used logical methods to improve the laws that already existed. He focused on Roman law and the traditional laws of France. His work helped shape modern legal systems.

See also

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