Norme et insuffisance de pouvoir
In 1539, François Ier decided to submit the rescission for lesion to extinctive prescription by the article 134 of the ordinance of Villers-Cotterêts. Even if this provision dealt with private law and was consequently out of the royal prerogative, some jurisconsults applied the text. However, most o...
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Université Jean Moulin - Lyon 3
2020-11-01
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| Series: | Cahiers Jean Moulin |
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| Online Access: | https://journals.openedition.org/cjm/1020 |
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| author | Floriane Masséna |
| author_facet | Floriane Masséna |
| author_sort | Floriane Masséna |
| collection | DOAJ |
| description | In 1539, François Ier decided to submit the rescission for lesion to extinctive prescription by the article 134 of the ordinance of Villers-Cotterêts. Even if this provision dealt with private law and was consequently out of the royal prerogative, some jurisconsults applied the text. However, most of them, led by Charles Du Moulin, criticized it. They alleged the fact that this article infringed on the maxim « Quæ temporalia sunt ad agendum perpetua sunt ad excipiendum » according to which procedural exceptions were perpetual, and was therefore inequitable. This text will fell into disuse. Nevertheless, this doctrinal opposition should not be interpreted as a critic of the royal competence. The precedence given by the jurists to the roman maxim rather than the royal law was justified by the lowest quality of the royal solution, not by the authority of the roman law. The critics concerning the article 134 all related to the opportunity of the solution, not to the royal competence. Du Moulin acted as a loyal advisor to the king, criticizing his wrong decisions but never challenging his authority. |
| format | Article |
| id | doaj-art-bde307bf9b9e4f22bb99bc4db81e4a79 |
| institution | DOAJ |
| issn | 2553-9221 |
| language | fra |
| publishDate | 2020-11-01 |
| publisher | Université Jean Moulin - Lyon 3 |
| record_format | Article |
| series | Cahiers Jean Moulin |
| spelling | doaj-art-bde307bf9b9e4f22bb99bc4db81e4a792025-08-20T03:15:39ZfraUniversité Jean Moulin - Lyon 3Cahiers Jean Moulin2553-92212020-11-01610.4000/cjm.1020Norme et insuffisance de pouvoirFloriane MassénaIn 1539, François Ier decided to submit the rescission for lesion to extinctive prescription by the article 134 of the ordinance of Villers-Cotterêts. Even if this provision dealt with private law and was consequently out of the royal prerogative, some jurisconsults applied the text. However, most of them, led by Charles Du Moulin, criticized it. They alleged the fact that this article infringed on the maxim « Quæ temporalia sunt ad agendum perpetua sunt ad excipiendum » according to which procedural exceptions were perpetual, and was therefore inequitable. This text will fell into disuse. Nevertheless, this doctrinal opposition should not be interpreted as a critic of the royal competence. The precedence given by the jurists to the roman maxim rather than the royal law was justified by the lowest quality of the royal solution, not by the authority of the roman law. The critics concerning the article 134 all related to the opportunity of the solution, not to the royal competence. Du Moulin acted as a loyal advisor to the king, criticizing his wrong decisions but never challenging his authority.https://journals.openedition.org/cjm/1020François IerVillers-Cotterêtsroyal ordinancerescission for lesionextinctive prescriptionfrench |
| spellingShingle | Floriane Masséna Norme et insuffisance de pouvoir Cahiers Jean Moulin François Ier Villers-Cotterêts royal ordinance rescission for lesion extinctive prescription french |
| title | Norme et insuffisance de pouvoir |
| title_full | Norme et insuffisance de pouvoir |
| title_fullStr | Norme et insuffisance de pouvoir |
| title_full_unstemmed | Norme et insuffisance de pouvoir |
| title_short | Norme et insuffisance de pouvoir |
| title_sort | norme et insuffisance de pouvoir |
| topic | François Ier Villers-Cotterêts royal ordinance rescission for lesion extinctive prescription french |
| url | https://journals.openedition.org/cjm/1020 |
| work_keys_str_mv | AT florianemassena normeetinsuffisancedepouvoir |