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A Treatise on Obligations, Considered in a Moral and Legal View. Translated from the French of Pothier.

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Pothier, Robert Joseph. A Treatise on Obligations, Considered in a Moral and Legal View. Translated from the French of Pothier. Translated by Francois-Xavier Martin. Newbern, N.C.: Martin & Ogden, 1802. 2 vols. in 1 book. Reprinted 1999 by The Lawbook Exchange, Ltd. With a new introduction by Warren M. Billings. LCCN 98-38360. ISBN-13: 978-1-886363-62-5. ISBN-10: 1-886363-62-5. Cloth. $95.

* Pothier was a jurist and legal scholar who specialized in French and Roman law. In the decades that led up to the Civil War, this classic, highly-regarded civil law treatise was required reading for practitioners, scholars, as well as law students. Martin, a printer from New Bern, North Carolina, gained distinction for this translation, which he published in 1802. "The Treatise on Obligations was soon recognized as a major contribution to legal science, translated by Evans and frequently cited in British Courts." Walker 973. Marvin quotes Sir William Jones' introduction of Pothier's Obligations to the bar in England: "For my own part, I am so charmed with them, that if my undissembled fondness for the study of jurisprudence, were never to produce any greater benefit to the public, than barely the introduction of Pothier to the acquaintances of my countrymen, I should think that I had, in some measure, discharged the debt which every man, according to Lord Coke owes to his profession.": Marvin, Legal Bibliography 578.

716 pages, Hardcover

Published September 16, 2014

About the author

Robert Joseph Pothier (9 January 1699 – 2 March 1772) was a French jurist.
He was born and passed away at Orléans. He studied law to qualify for the magistracy, and was appointed Judge in 1720 of the Presidial Court of Orléans, following in the footsteps of his father and grandfather. He held the post for fifty-two years.
Pothier paid particular attention to the correction and co-ordination of the text of the Pandects. His Pandectae Justinianae in novum ordinem digestae (Paris and Chartres, 1748–1752) is a classic in the study of Roman law. In 1749 he was made professor of law at the University of Orleans.
He wrote many learned monographs on French law, and much of his work was incorporated almost textually in the French Code Civil. His theories on the law of contract were influential in England as well as in the United States.
Pothier devised a law limiting recovery in the case of improper performance of a contractual obligation to those damages which are foreseeable.
His wrote numerous treatises. His works have been published in collected form on several occasions, the first edited by Giffrein in 1820–1824.

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