WWeek 4 Wg Notes + case--> du moulin, de la tour d'auvergne

Question 1

De La tour D’Auvergne

Answer 1

—-> interpretation is always part of judges job
–> clarity of provision a result of interpretation
–> no need for refere legislatif
–> but although judge functionally seperate from legislator, still interpretation

Question 1

Du Moulin’s aim with the custom of Paris

Answer 1

-Du Moulin wanted the Custom of Paris to be used by everyone if the customary law in an area could not provide a solution.
wanted the Custom of Paris to take ius commune (within provinces) role over Roman law .
-new subsidiary source of law

Question 2

What was the communis opinio on the question raised on the du moulin case?

Answer 2

-brother obliged to give GIFT

Question 3

What was the decision of the court in the Du Moulin case

Answer 3

• brother not obliged to give gift

Question 4

What was the reasoning of the decision of the court in the Du Moulin case

Answer 4

-Lex si umquam not applicable
-refers to the money given by a patron to his freedman
-applied mos gallicus school of thoughht