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The Custom of Paris ((フランス語:Coutume de Paris)) was one of France's regional codes of civil law. It applied to Paris and the surrounding region from the 16th through the 18th century and was applied to French overseas colonies including New France.〔 〕 First codified in 1507 in the city of Paris, the Custom of Paris represented a compilation and systematization of medieval customary law. It was the main source of law in New France from the earliest settlement, though other provincial customs were sometimes invoked in the early period. In 1664, by the terms of the charter of the Compagnie de l'occident, Louis XIV made the Custom of Paris the only legitimate source of civil law throughout New France and other French colonies. Later, the customary law was replaced by the Civil Code of Lower Canada in 1866 which incorporated English Law into its existing legal framework.〔 〕 ==Origins== A French Inheritance The Custom of Paris first originated in sixteenth-century France as part of a larger project of centralization of law. France contained a plurality of laws emanating from its legal heritages of codified Roman law and customary law. Originating around the tenth and eleventh centuries, the Custom was one of 360 imprecise bodies of law practiced across the different regions of fifteenth-century France. Given its prestige in virtue of being practiced in the capital of the kingdom, it began to be refined between the thirteenth and fifteenth centuries, as part of a project of codification of all French Customs invoked by King Charles VII through the ordinance of the Montil-les-Tours in 1453.It was first codified in 1510, and subsequently revised in 1580 by order of King Henry III following a period of disuse. The Custom was a relic of the Middle Ages that attempted to incorporate through its 362 articles elements of feudal society into the nascent bourgeois commercialization of the Ancien Régime. Initial Implementation in New France In 1663, upon the dissolution of the ‘Compagnie des Cent-Associés’, New France had come under direct French royal rule. The Custom of Paris was officially introduced in New France by Article 33 of the edict of establishment of the ‘Compagnie des Indes Occidentales’ in May of 1664 (this company retained control of the colony for a decade thereafter). However, the Custom had been a part of the justice system of Canada since the 1627 founding of the ‘Compagnie des Cent-Associés’, which had previously managed French holdings in North America. The unilateral application of the Custom to the Ancien Régime colonies was the solution adopted by the French monarchy after 1664. Despite this judicial unity, customary practice varied across regions. Institutionally, the colony found itself governed by a sort of three-part government in 1665. The Intendant, who represented one third of this body, was charged with the policy areas of justice, the police, and finance, for which the Custom of Paris was relevant. The Custom evolved rapidly in New France, to the extent that in 1760 it was (as applied in Montreal and Quebec) as the “laws of Canada”, and on certain points had diverged significantly from its counterpart in France. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「The Custom of Paris in New France」の詳細全文を読む スポンサード リンク
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