French jurisconsult, Marcel, Ferdinand PLANIOL are born with Nantes on September 23rd 1853 and die in Paris on August 31st 1931; with SALEILLES (1855-1912) and GENY (1861-1959), it is one of the three renovating French civil law at the Beautiful-Time.
Law professor, he is the author of a elementary Traité of civil law which made a long time authority and to which its name remains still attached today, so much so that RIPERT (1880-1958), which will ensure its update, will entitle it Traité of Planiol .
---- BIOGRAPHY
Provided education for at the public lycée of its birthplace, the future college Georges Clémenceau , it finishes her traditional studies by a disctinction, since it receives the price of honor of philosophy to the open competition between the colleges and colleges of the department. In 1873, it is acceptable at the National university. PLANIOL then chooses to start studies of right to Faculty of PARIS. In 1877, he is bachelor of law, with a First mention of French Right to the contest. In 1878, PLANIOL receives the first gold medal in a contest between eight candidates having for subject: " Rights and duties of the neutrals in the wars maritimes". In 1879, it is registered as lawyer at the Bar of PARIS. The same year, PLANIOL becomes doctor in right, while supporting, on July 10th, 1879, under the presidency of ACCARIAS, its thesis of doctorate entitled Of the benefit granted to the heirs in Roman law and of the benefit of inventory in French right . In 1880, PLANIOL is received third of the ten prizes winner of the single contest of aggregation in right (before the scission between public law and private law) among forty-eight candidates. Its first post of professor takes it along to GRENOBLE, where he teaches during two years the civil law, as well as the Roman law (a course of Pandectes) and of revenue duty (Recording). In 1882, PLANIOL returns in its native Brittany where it is named civil law professor with the Faculty of RENNES. Again, he teaches the civil law until 1887, as well as a course of history of the right to the address of the doctorands. At that time, PLANIOL collaborates in the Assessment of legislation and jurisprudence In 1887, its growing reputation of pedagog is worth to him to be called in PARIS, in Sorbonne, where it ensures initially various minor lesson, such courses of Pandectes , another of industrial Législation (ancestor of the Law the labor ) and one of special criminal Law . From 1889, PLANIOL contributes to the Encyclopedia Berthelot , one of the two large encyclopedias of the 19th century with the Larousse encyclopedia. The reading of the various entries which it writes on this occasion makes it possible to include/understand the bases of the system of civil law which it will preach in its elementary Traité ten years later, namely an entire right based on the fault like source of any legal standard, which amounts taking again the ultrasubjectif system describes by JHERING in its Spirit of the Roman law and defending individualistic and liberal philosophy. Its ideas are then reactionaries insofar as they came to contradict the new attention paid to the social questions following the diffusion, in particular, of the socialist ideals. Pofessor associated since 1893, PLANIOL succeeds Charles BEUDANT, who had been his professor when he studied in PARIS, in one of the six pulpits of civil law of the Faculty of PARIS in 1895; for the common lawyer that it forever ceased being, it is the dedication. The same year, it receives the Price Odilon Barrot of the Academy of Science morals and policies with the open contest relating to the public and private Droit of Brittany .
---- the " TREATS ELEMENTARY "
October 2nd, 1899 appears the first of the three volumes of the elementary Traité of civil law whose volume number follows each year of the license in right and which it intends above all to the students. The goal acknowledged in the foreword is to return easier the intelligence of the right to them, by a study of the concepts either according to the order of the Code but matter by matter, so that the comparison between this dedication and the foreword of the civil Loix in their natural order (1689) of DOMAT is completely seizing. It acts in both cases of " to give of the ordre" to some extent in a discipline, right, considered inintelligible because of the lack of hierarchy between the principles and their exceptions, and to give again the taste again to study it with the students who are more and more often diverted of it. If, for DOMAT, it is advisable to go back to the principles of the right, in a country parcelled out between France of the Roman law to the South of the Loire and that of the habits in North (i.e of " to twist the cou" with the famous broccard of his/her friend of childhood clermontois Blaise PASCAL: " Truth in on this side the Pyrenees, error with-delà"), PLANIOL assigns for task to return to the alive right, that found in jurisprudence and the compared right, which takes again to the Roman law eternal beyond the coding which controls the matter in a too rigid yoke. In both cases, it is the eternal Roman law who allows to satisfy the French Cartesianism, beyond relativity of the habits for Jansenist DOMAT, beyond the Code for republican layman PLANIOL. As for the sources, if DOMAT draws " son" Roman law in Institutes of GAIEN and Digeste of JUSTINIEN, PLANIOL finds it in the German pandectism that one century of searchs active for SAVIGNY with MOMMSEN via JHERING knew to carry to the more high degree of perfection. Indeed, to find the eternal Roman law, in the purity of the principles, finally removed from slags of the novelists of the Middle Ages, of the casuists to the exégètes of erudite Europe, isn't it the only goal that proposed to continue the school German pandectist? Before the coding of 1896 directed by WINSCHEID, it was necessary for the Germans one century of adaptation of the Roman law to their contemporary manners to find " the spirit of the Roman law " according to the expression of JHERING and to forge a body of common rules that the political unification not yet carried out prohibited to them to make before the advent of Germany of BISMARK and the military engineering of MOLTKE. For this reason PLANIOL, following the example DOMAT, proposes to return to the principles, the " elements " " droit" civilian, hidden by the " Code" civilian, and it thus qualifies quite naturally its elementary treaty of .
Success is immediate and the work goes détrôner the Précis of BAUDRY-LACANTINERIE, then between all the hands; each new edition updated by the author will be the confirmation of the passion of the students to the " méthode" PLANIOL. This one will ensure itself of it eight updates, before leaving of them the reins to his/her collaborator, Georges RIPERT. The two common lawyers will publish also together a practical and theoretical Traité of civil law of which he will entrust the drafting of each volume to promising aggregate young people (Rene SAVATIER, for example). After several successive mournings in its family (her daughter Antoinette 20 years old, his/her Jean son, Mort For France), PLANIOL ceases teaching, even if it takes officially his retirement only in 1923. From 1880 to 1920, it is thus during forty years that PLANIOL will have marked of all its authority the French civil law. The name of PLANIOL remains attached to its elementary Traité like that of LOYSEL with its Institutes , that of TOOL BAG to its Dictionnaire or that of LAMOIGNON to its Arrêtés …
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