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been practised upon him. By the English law filial emancipation is recognised chiefly in relation to the parochial settlement of paupers. See 3 Term Rep. 355. 6 Term Rep. 247. 8 Term Rep. 479. 2 East, 276. 10 East, 88.
(2) Page 87. Interdiction is a legal disqualification, pronounced by a competent tribunal, on account of imbecility, madness, or prodigality, and deprives the person interdicted of the right to manage his affairs and receive the rents and profits of his estate. See Code Napoleon, Book I. Tit. XI. Chap. II.
(3) Page 87. The family council is composed of the nearest relations, to the number of sis, and in some instances, to make up that number, of the friends of minors and persons who are non compos; or prodigals, for the purpose of appointing tutors and guardians, and superintending the administration of their estates. See Code Napoleon, Book I. Tit. X. Chap. II.
(4) Page 89. Cornmunity of goods is a partnership in property between husband and wife, stipulated in the marriage contract, or resulting from the operation of law. It was unknown to the Roman law; hence, when not authorized by a previous agreement between the parties, it prevailed in France, under the old government, only in certain provinces, where the customary or unwritten law was in force. It was there derived from an ancient law of the Gauls called the jus collaborationis. See Dict. de Droit, par Ferrière. The Code Napoleon has recognised this species of conjugal partnership, Book III. Tit. V. Chap. II. wherein a great variety of provisions on the subject are ordained.
(5) Page 89. The dotal regulation, under which a marriage may take place, is established in the Code Napoleon, Book III.
Tit. V. Chap. III. It secures to the wife, unless a contrary stipulation be made in the marriage contract, all her dotal property, that is, all her private property previous to the marriage, and, in some instances, what may come to her after the marriage by donation or inheritance; also her marriage portion. The husband has, however, the administration of the dotal property, and may enjoy the repts and profits, though a contrary stipulation may be made in the marriage contract. The real estate, constituted as dotal, cannot be alienated nor mörtgaged by either the husband or wife, except for the establishment of children ; but the alienation may be authorized by the marriage contract, and the property may also be sold, under the authority of the court, for certain purposes, as the liberation of the husband or wife from imprisonment; the maintenance of the family in certain cases; the payment of the debts of the wife contracted previous to the marriage; to make indispensable reparation to preserve the real estate; also, when the dotal property is found to be undivided with third persons in such a manner that partition cannot be made without a sale. The husband is under all the obligations of a trustee in regard to the dotal property; he is answerable for prescription, waste, &c. In case of the dissolution of the marriage, the husband or his heirs and legal representatives, are bound to restore all the dotal property to the wife or her heirs. The creditors of the husband cannot touch the dotal property.
(6) Page 91. Marked and certified. This is done by a nia. gistrate, by affixing a kind of flourish, (paraphe,) such as is usually added to signatures.
(7) Page 93. A rogatory commission is a commission given by a judge of a court in one district and addressed to a judge in a different district, requesting him to do some act, or make some order in relation to a matter within the jurisdiction of the latter.
(8) Page 93. The civil law bere meant, is the law of the Code Napoleon, in contradistinction to the commercial law of this code. It differs widely from the Roman law, or what is vulgarly called the civil law, in many very important points. See Code Napoleon, Book III. Tit. IV. concerning partnerships.
(9) Page 93. Commandite partnerships are peculiar to the continent of Europe. They are found very useful in forming large establishments, in which a great capital may be profitably employed, without involving an unlimited risk. The nature and conditions of this kind of association are so well defined in the text, that little need be added in the way of explanation; those, however, who are curious to know all the particulars of the nature and origin of this sort of partpership, will find the subject treated of at considerable length, in le Dictionnaire de Commerce, par Sanary, a work of uncommon merit and research.
(10) Page 97. Private signature. This means nothing more than the private handwriting of the parties, not acknowledged before a notary or other public officer. There is no such distinction as that which prevails in the English law, between parol contracts ir writing, and specialties, or iostruments under seal. The only difference that exists in France, in regard to contracts or other instruments of writing, is, that sometimes they are merely signed by the parties, and then they are said to be under private signature. At other times, in order to give greater efficacy to them, they are executed before a notary or other public officer, and authenticated by him; they are then called public acts, or acts passed or acknowledged before a notary.
(11) Page 97. The Code Napoleon, article 1325. declares, that instruments under private signature, which contain mutual covenants, are not valid unless made in as many originals as there are parties to the contract, having a distinct interest.
One original is sufficient for all the persons baving the same interest.
Every original must express the number of originals made.
Nevertheless, the omission to mention that the originals were made in duplicates, triplicates, &c. cannot be taken advantage of, by the party who has performed the covenants by which he was bound in the instrument.
(12) Page 99. By article 1341. of the Code Napoleon, it is declared, that all contracts or engagements involving a sum or value exceeding one hundred and fifty francs, (about 30 dollars,) must be in writing under private signature, or acknowledged before a notary.
(13) Page 103. Courts of appeal. There is a court of appeal in every department of France, composed of from twelve to thirty judges, according to the extent of population and jurisdiction. These courts revise the judgments of the inferior tribunals. The judges are appointed for life. There is also a final court of appeal, called the court of cassation, whose jurisdiction extends
throughout the whole empire. Its object is the correction of errors in matters of law and practice, and in the jurisdiction of the inferior courts. It is composed of a president, two vice presidents, and fifty other judges, all of whom are appointed for life.
(14) Page 105. It generally happens in France, as in this, and perhaps every other country, that on the dissolution of a partnership, some one or more of the partners are appointed to settle the accounts, collect and pay the debts. These are called liquidateurs; and as they are presumed to be in possession of the funds of the partnership, and to have undertaken to pay the debts, they are not permitted to avail themselves of the limitation of time, declared in favour of the other partners, who are called nonliquidateurs.
(15) Page 105. Separation of property. A marriage may be contracted in France, with a stipulation that the property of each party shall be separately enjoyed; and in that case, the wife preserves the entire administration of her estate, real and personal, and the free enjoyment of her revenue. Each of the parties contributes to the household expenses, according to the terms of their marriage contract; and when no agreement has been made, in that respect, the wife pays to the extent of one third of her income. But in no case, nor under any stipulation, is she pernitted to alienate her real property, without the special consent of her husband, or, in case of his refusal, in virtue of judicial authority. See Code Napoleon, Book III. Title V. Chap. II.
(16) Page 113. Bankrupt. The French law makes a very proper distinction between an insolvent debtor and a bankrupt. The former is regarded as perfectly innocent, though unfortunate; the latter, however unfortunate, is always considered as guilty of either gross misconduct or fraud, and is punished accordingly, as will be seen in the third book of this code.
(17) Page 123. Article 1312. of the Code Napoleon declares, that when minors, interdicted persons, or married women, are admitted, in these qualities, to plead in bar to their engagements, the reimburse nent of any money which may have been paid to their use, duri ng the minority, interdiction, or marriage, cannot be obtained, unless it be proved that the sums paid have been be peficial to them. . (18) Page 127. Domicil. It is declared in the Code Napoleon, Book I. Title III. that the domicil of every Frenchman, in respect to the exercise of his civil rights, shall be in the place where he has his principal establishiment; but that in all contracts or other instruments of writing, the parties may elect a domicil for their execution, in a place different from the actual domicil of either of the parties, and in that case, all demands, notifications, and prosecutions, resulting from those contracts, must be made in the domicil therein elected.
(19) Page 131. By the provisions in the text, in regard to the endorsement of a bill of exchange, it appears, that what is called in the English law a blank endorsement, is not of the same validity in France as in England and in this country. To effect a complete transfer of the bill, the French law requires that the endorsement should be dated, express the value received, and to whom the transfer is made. With us, it is sufficient merely to write the name on the back of the bill; but if we reflect upon the disputes, litigation, and fraud, which mere blank endorsements have occasioned, we must acknowledge the superior wisdom and foresight of this part of the French law.
(20) Page 131. The kind of guaranty called aval, mentioned in the text, is very common in France, but quite unusual in this country. It is generally written at the bottom of the bill, but may be given separately, and in either case would be equally binding on the surety, though for the debt of a third person, and though no consideration should be therein mentioned.
(21) Page 133. It was a question long upsettled among the jurists, and in the courts of France, how far the general principle of law, in regard to the transfer of property, should be applicable to bills of exchange. On the one band, it was contended, that he who presented himself as the owner of a bill of exchange, should show that he came fairly and honestly by it, otherwise the pay. ment would not discharge the acceptor. On the other hand, it was insisted, that the application of the rigid rules of law to this