Charles Dumoulin ( French Charles Dumoulin ; 1500 , Paris - 1566 , ibid.) Is a French lawyer of the 16th century who examined feudal orders in detail (the so-called “ coutum law ”) from the point of view of jurisprudence .
| Charles Dumoulin | |
|---|---|
| fr. Charles Dumoulin | |
 Dumoulin statue at the Paris City Hall | |
| Date of Birth | 1500 |
| Place of Birth | Paris , France |
| Date of death | 1566 |
| Place of death | Paris , France |
| Nationality |  France |
| Occupation | lawyer |
Content
Origin
Charles Dumoulin was born in the family of a Paris lawyer Chatelet and was a fifth-generation lawyer [1] . The Dyumulenov family was associated with Anna Boleyn , the second wife of King Henry VIII of England [2] .
Biography
Dumoulin studied law at the universities of Orleans and Poitiers . In 1525, he became a lawyer for the Paris Parliament , and a few years later Charles gained a reputation as the most learned of French lawyers. In addition to his work in parliament, Dumoulin devoted much time to treatises on jurisprudence, and in particular to the interpretation of the coutums of various regions of France .
Dumoulin was a prominent advocate of the rights and prerogatives of the royal power in its struggle against the feudal lords and the church, and above all the unconditional right to administer justice ; but he was by no means a supporter of absolutism , proving, on the contrary, that the law and interests of the kingdom are higher than the king: according to Demoulins, the king is “ non censetur dominus vel proprietarius regni sui, sed administrator ” (“the king is not the kingdom’s fief, but only the ruler” [ 3] ).
In the field of scientific processing of coutume law (or feudal orders), Dumoulin advocated its unification according to the Parisian type ( French: Coutume de Paris ) and the introduction of a single law throughout France [3] . His commentary (he wrote comments on almost all the feudal orders of France) was directed precisely to this goal, cutting and eliminating by all possible means legal particulars in French law. In this sense, Demoulins had a decisive influence on the entire activity of subsequent French jurisprudence , which together prepared the Napoleon Codex .
In 1542, Dumoulin adopted Calvinism , but soon converted to Lutheranism [2] . In 1553, due to a conflict with the theologians of the Sorbonne and the conservative wing of the Paris Parliament, he was forced to move to Germany. Dumoulin taught at the University of Tübingen [3] , later at Dole and Besançon . In 1557, Charles returned to France.
Compositions
The most famous works:
- " Extricatio labyrinthi dividui et individui "
- Commentarius in consuetudines parisienses , 1539 , 1554
- “ Commentarius ad edictum Henrici II, contra parvas datas et abusus curiae Romanae ”, 1552 (comments on the edict of Henry II “on small dates” directed against Pope Julius III )
- “ Conseil sur le fait du Concile de Trente, réception ou rejet d'icelui ”, 1564 (treatise against the decisions of the Council of Trent , which led to the arrest of the author and imprisonment)
Many of the works of Demoulins wrote in Latin . His works have been reprinted several times, the most complete publication is Paris , 1681 , in five volumes.
Family
In 1538, Charles Dumoulin married Louise de Beldon [1] . They had three children.
Notes
- ↑ 1 2 Uvarov P.Yu. “Case of Dumoulin” Archived April 18, 2018 on Wayback Machine
- ↑ 1 2 Charles Dumoulin. Catholic Encyclopedia (English)
- ↑ 1 2 3 Getman-Pavlova I.V. “Charles Dumoulin - the founder of the theory of autonomy of will in international private law”
Links
- Extricatio labyrinthi dividui et individui
- Prima pars commentariorum in consuetudines parisienses
- Dumoulin, Charles // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.