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Custom of Paris in New France

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736:, which were extremely common in New France (approximately 1/4 to 1/3 of marriages involved at least one spouse who had been previously married, but that proportion decreased over time). In the case of a widowed mother who remarried, the Custom called for the dissolution of her former marital community after having been inventoried. Her half of the community property, in addition to her dower and possibly her jointure, became movable property that was incorporated into her new marital community, which was managed by her new husband. Her children from her first marriage would have no rights to their inheritances until they reached the age of majority (25). Any children born to the new couple would inherit from their community property. 31: 393:) of the community property; the wife could not alienate property or conduct any other property transactions without her husband's approval. However, the husband was also required to get his wife's consent to undertake a transaction involving any of their community property. Essentially, the community as a legal entity, rather than either spouse separately, was the owner of the marital property. It was possible to marry out of community of property if both prospective spouses elected in a marriage contract to separation of property. Alternatively, the right to administer the community property could be awarded by a court to a wife who could prove that her husband was unfit in some way to administer their property. 584:
clause applied to both spouses, it existed to protect the wife from the abuses of the husband-administrator, who would benefit from the returns on such a transaction at the dissolution of the marriage when, as part of the community, it would be divided between the spouses even if it was the profit from the alienation of an item of the wife's separate property. If the community property's value was insufficient to provide compensation for such a transaction, the widow could lay claim to her deceased husband's separate property. The husband, if he was attempting to benefit from this clause on the death of his wife, had no such option.
991:(which affirmed that the law of each Canadian province would remain in force unless amended by a law of the United Canadas) in 1840, legislators preserved the civil law tradition in Lower Canada (then known as Canada East). Among the reforms undertaken after 1840 was the codification of laws governing private law in Canada East, which had over the years moved away from historic French customary law (the tenets of the Custom of Paris as applied in New France) to better meet the changing needs of the French Canadian population, and had also incorporated elements of English common law. The result of the project, the 527:
egalitarian-minded couple could do was to stipulate in their marriage contract that the wife would have the right of administration over her own goods (benefit from their returns), but then, she did not have the right to alienate those goods freely and unilaterally. The essential point of the option was to protect the woman's fortune from the possible incompetence or malfeasance of her future husband. It also made the wife's nominal veto right over transactions more real in practice. However, contracts including such provisions were quite rare.
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position. Customary law accorded women a share in property, including land, upon the deaths of their parents, such that in the mid-18th century, they received a part of the family estate. However, when parents created specific distributions of family property to come into effect if they should die, they prioritized getting their sons established and assumed that the families of their future sons-in-law would do the same, thus taking care of their daughters. Daughters were often left out of the inheritance of land.
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combined labour. Thus, in practice, much separate property was incorporated into the marital community to avoid future disputes about added values and so forth. Even in subsequent generations, when land was more developed and children each inherited a portion of the family estate, inheritances of family land were often treated as movable property and therefore incorporated into subsequent marital communities, complicating patterns of inheritance and linking families together in intricate ways.
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contract, a widow could choose between taking a legal or contractual dower. The vast majority of early modern marriage contracts in New France provided for dowers, and in Quebec City and Montreal, the vast majority of wives with dower rights also had the right to choose their form. However, the principle that such transactions involving the dower could not be carried out by the husband without the wife's presence or written permission was not always respected.
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inheritance and to provide safeguards for the widow and surviving family (to deviate somewhat from customary provisions as would best suit the family's needs and preferences), the couple could choose to specify the structure of family inheritance, to an extent, in their marriage contract. If no marriage contract was made, on the death of either the husband or wife, the surviving spouse would retain half of the assets and liabilities of the marital community.
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egalitarian custody arrangement regarding the couple's children and provided the wife with a perpetual material settlement in the form of agricultural provisions. The agreement also dissolved their community of property, enabling the wife to sell land and purchase a farm and a loom in order to support herself and her children. However, Audet likely counted herself lucky, as such a favourable settlement depended on the goodwill of the husband.
703:) so if the couple in question was childless, the entire community of property would be inherited by the surviving spouse in the event of the death of either the husband or the wife. That was an especially crucial practice for the earliest settlers, who had no family around to support them if their spouse was to die, and it became increasingly common throughout subsequent generations. Customary law prohibited such gifts, but 799:, and the increased bond between man and land. The rise of rural population density was a major catalyst of this shift, as it led to the saturation of land so that familial interests shifted from the preparation of all children for a productive life through individual landholdings to the preservation of the family estate. Some historians, such as Sylvie DĂ©patie who carried out a case study of 424:
assets or liabilities. This was done if the liabilities outweighed the value in the property that she was inheriting. Under such an agreement, the widow also retained control of her dower, which then became quite valuable and important for her to be able to get back on her feet. It was unavailable to widowers as they were typically the partners that incurred and held marital debt.
980:, which reinstated French private law pertaining to property and civil rights (the Custom of Paris) by allowing "Canadians" to cite the "laws and customs of Canada". The Quebec Act thereby contributed to the survival in Canada of French civil law under the Custom of Paris while affirming the overarching influence of English common law and its hegemony in criminal matters. 995:, came into force in 1866, and the Code of Civil Procedure followed it in 1867. The codes symbolically confirmed that Quebec belonged to a civil law tradition with roots in the Custom of Paris, and the province is unique in Canadian history in entering into Canadian Confederation with a codified private law and a system of civil law statutes. 824:
siblings and the guarantee of their endowment upon marriage to the supply of food requirements and basic necessities for parents. Some children found the exactions so onerous that they annulled the right following a year or two. Though notaries drew up the gift deeds, they fundamentally represented the concerns and desires of the farmers.
420:), a sum of money stipulated in a marriage contract by the spouses’ respective families, with the wife's same rights applying. Dower by custom was more common among upper-class families in which both spouses held extensive assets, and contractual dower was much more common in general and used almost always by lower-class families. 504:
was largely a formality, and there is no evidence that a wife ever officially exercised her power of veto over a transaction initiated by her husband. Of the importance of the marriage community to the implications of the Custom of Paris for early modern women living in New France, historian Allan Greer says:
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gift since after the death of the parents, an egalitarian division of property would apply. Even examples of contemporary marriage contracts demonstrate that the ideals of the Custom with regards to family, inheritance, and marriage imbued families with a closeness and collaborative spirit in setting
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The strict rules set out for inheritance by the Custom of Paris commonly forced early modern families in New France (especially those of the first colonists) to act outside the law in the interest of self-preservation. Given that upon the death of half of a childless couple, the half of the community
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Throughout the history of New France, peasant farmers increasingly disposed of their property while they were still living so transmission of land through the female line had practically disappeared by the end of the 18th century. Truly egalitarian distributions of land had been possible and occurred
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suggests that while the value of movable goods bequeathed to children leaving the family hearth was about equal for both sexes, land was endowed in a very discriminatory fashion. While departing sons sometimes received a piece of land when they married, that was not the case for daughters in the same
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was included in the majority of relevant marriage contracts. As previously mentioned, the widow who renounced the community could walk away with her dower, but unless the marriage contract explicitly specified otherwise, did not have the right to also retain her jointure in the case of renunciation.
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She was, however, protected from egregious control of her affairs by her husband by the customary provision that he had to secure her consent before mortgaging, selling, or alienating any of the couple's community property. Empirical evidence suggests that while this provision was strictly obeyed, it
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Parents (in practice, fathers) could also favour their heirs through testamentary gifts in their wills (common only in cases of divorce known as the separation of property, which occurred more among the upper classes). If parents married in community of property wished to favour one particular heir,
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Accordingly, almost all marriage contracts stipulated that a widowed woman renouncing her indebted marital community could not be held accountable for any liabilities of that community. Normally, the widowed woman could not be held accountable for debts on her own personal property unless she had an
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The Custom included some clauses that allowed wives to evade their apparent legal and economic subjugation by their husbands, if they were inclined to permit such a state of affairs. Once married, the husband could, as head of household, explicitly authorize his wife to manage (though not to dispose
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Both spouses had the option to put aside a certain amount of property (usually, a sum of money, certain movable property, or a combination of both) that was untouchable by creditors and did not belong to the community for the other spouse to claim in the event of the death of their partner. This was
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Institutionally, the colony found itself governed by a three-part government in 1665. The Intendant, who represented one third of this body, was charged with the policy areas of justice, police, and finance, for which the Custom of Paris was relevant. The Custom evolved rapidly in New France, to the
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At this time, the law for the equitable distribution of land among both female and male offspring was observed so girls received their due portion of the estate in conjunction with their allocation of movable assets. Egalitarianism took on many forms so if children did not receive an inheritance of
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The inheritance rules of the Custom of Paris, which stipulated that children would inherit significant and equal portions of their parents’ community property, often served to keep these families tight-knit, as parents frequently opted to "set up" their children for their adult lives or ensure that
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The community property could remain unpartitioned after the death of one spouse if all interested parties consented so that the estate could be dissolved and its components divided later, usually after the death or remarriage of the surviving parent. In the various transactions involved in the case
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Legal separations were uncommon in 18th-century rural Quebec. Typically, couples desiring to separate would circumvent the legal process and have a notary draw up a contract to dissolve the marriage community by dividing their movable and immovable assets. It was difficult for women to obtain legal
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The nature of the socio-economic environment in rural Quebec was conducive to marriage. In contrast to France, the social pressures for marriages into affluent and prestigious households was not as pronounced in the new colony, which allowed for greater leniency in gaining parental consent. Sailors
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had previously diminished it. Every child heir of the deceased parent had a right to that minimum amount of inheritance, and children who had been previously gifted from the family estate to the detriment of the legitime of one of their siblings would have to compensate that sibling appropriately.
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One final interesting implication of the Custom of Paris for women in New France was that customarily, daughters who entered religious orders were excluded from any inheritance of the community property of their families. These daughters were instead granted one-time dowries. Thus, it became quite
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One of the most important protective mechanisms for a widow under customary law was her right to renounce community property plagued by insurmountable debt and effectively walk away with her dower. A widower did not have that right to renounce the community's liabilities. The 18th-century Canadian
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The husband's role as "head of household" and his effective control over the couple's marital property meant that he would have a significant impact on the material well-being of the family in the event of his death. Thus, the wife largely depended on the managerial abilities and good faith of her
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The implications of the Custom regarding property were particularly important for widows. Under the Custom, the surviving spouse (husband or wife) had a right to half of the marital community property, but the deceased's separate property acquired prior to the marriage as well as the other half of
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The Custom had been a part of the justice system of Canada since the 1627 founding of the Company of One Hundred Associates, which previously managed French holdings in North America. The unilateral application of the Custom to the colonies was a solution imposed by the French monarchy after 1664.
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ban on interest-bearing loans. For instance, with the exception of rentcharges that allowed interest, notaries were forbidden to include interest charges within their contracts. Notaries played a significant role in the French legal tradition, as opposed to English practice; notaries drew up most
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and suggests that the primary concern was pragmatic, the preservation of estates, but emotional considerations are assumed to have been a motivating factor. Parents tried to retain a degree of control following the conveyance of legal title to the land and property from the maintenance of younger
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While technically property was divided into separate property and community property upon solemnizing of the marriage, early settlers often had no separate property, or brought plots of land that were virtually worthless into their marriages and reaped the benefit of such land only after years of
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The Custom also provided widows with other specific benefits. The husband's heirs were obligated to provide her with mourning clothes paid for out of their inheritance, whereas a widower had to pay for his mourning clothes personally. Somewhat amusingly, the explanation for the clause was that it
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Finally, according to customary law, the widowed woman could claim from the community, prior to its partition, the value of any of her separate property that had been alienated during the marriage without the profits of that alienation being used to purchase other property. While technically this
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Most marriage contracts stipulated that the spouses would not be held accountable for debts incurred by their partners prior to the marriage, so if such a debt was paid off using the community property, the spouse that did not incur the debt would have to be compensated for that payment upon the
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The husband being the master of the community and being able to dispose of it at will, it is necessary to afford the wife the privilege of renouncing the community, and to give her by this means the ability to rid herself of debts incurred during the marriage and transacted by the husband, as he
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The Custom of Paris provided for several specific measures for evening out the balance of power; the most important among these were the dower and the right of renunciation to an indebted community; also important was jointure. The Custom stated that if such a right was specified in the marriage
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The French West India Company envisioned a system of judicial unity within a framework of institutional diversity that was to be facilitated by the judges in all the colonies. The Company wanted judges in the colonies to observe the Custom of Paris. Given the nature of the 17th and 18th-century
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Therefore, it was in a creditor's best interest to insist that the wife be present for and participate meaningfully in all transactions involving the community property. That clause acted not only to protect women in widowhood but also to enhance their stature and involvement in family finances
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Ultimately, the couple's children would inherit the dower property, but a widow had the right to live on its income for the duration of her life. Additionally, a widow could elect to walk away from the marital community on the death of her husband and therefore not be responsible for any of its
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Divorce was uncommon in New France. While the Custom of Paris did not specify any hard and fast rules for such a situation, there is empirical evidence of a notary drawing up a separation agreement for an early modern Quebecois couple (Félicité Audet and Étienne Ledoux) that specified a fairly
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However, when couples wanted each of their respective children and children together to receive an equal inheritance upon death (which was common, especially among the lower classes), they circumvented the complications by adopting each other's children (or having the husband adopt the wife's
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introduced English common law in the former French colony. The new French Canadian subjects that Britain had just acquired were reluctant to accept this reality, and the Royal Proclamation of 1764 subsequently allowed for French law to be used in legal business between natives of New France.
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The Custom of Paris also set out what happened to a deceased's property on death, so wills were fairly rare. Since it was a legal matter, it was important to have a notary take inventory of the family estate in the event of the death of either spouse. To have some control over the process of
925:, like those of the southern colonies of New Orleans and Louisiana, observed the same body of law. The absence of comparably formal administrative structures in continental Acadia and the western fur-trading territories led to a different pattern of legal development in these areas. English 452:
The imbalance of the sexes in the new colony led to a great number of marriages between youths, which was especially pronounced in the early years of settlement: the average age for girls was 12, boys 14. Furthermore, the vast availability of land acted as an incentive for marriage. Local
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The general historiographic consensus based on case studies in Quebec is that egalitarian inheritance practices, as stipulated in the Custom of Paris, were observed in the early period of the colony in the 16th and the 17th centuries. However, by the mid-18th century, there were various
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A married woman was not allowed to manage her own inheritances, but the usual (largely nominal) rules about asking her permission applied. Marriage contracts could not be used to overcome the Custom's doctrines of male marital power and the coverture of married women. The best that an
70:-era customary law. Divided into 16 sections, it contained 362 articles concerning family and inheritance, property, and debt recovery. It was the main source of law in New France from the earliest settlement, but other provincial customs were sometimes invoked in the early period. 500:, meaning she was legally considered to be a minor and so was under the guardianship of her husband. As for the husband, he was the legal "head and master" of the marital community property. As such, the wife was unable to make transactions without the permission of her husband. 944:
The Custom of Paris was not a comprehensive body of law, as its provisions did not deal with commerce or criminal law. In those areas that the Custom of Paris did not cover, judges were free to interpret any custom that they felt best relevant, although, in theory, the
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dissolution of the marriage. It was customarily permissible for a couple to stipulate in the marriage contract that the widow would have the right, if she renounced the indebted community, to retake her material input to the marriage free from any debt claims. That
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Throughout the centuries of its existence in New France, the inheritance system under the Custom was complicated by internal family conditions. Sons who married before the death of their parents typically wanted their portion of land and would receive it by way of
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In the early settlement of New France, settlers would practice equality of the division of property post mortem in its purest form so they were frequently more egalitarian than what the Custom prescribed. Between the 17th and the 18th centuries, qualifiers such as
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The relationship between the spouses was clearly unequal, but the comunauté de biens, the fundamental principle governing marital property arrangements, gave women legal protection and a stake in family possessions that could not be ignored by any male 'head of
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in the early period because farmers were often able to acquire huge tracts of land, with the express intention of providing future farms for a large family. However, sons were prioritized over daughters despite the Custom's equitable inheritance principles.
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the community property was inherited by the couple's children. Marriage contracts, however, often specified the conditions of inheritance for a widow in such a way that their financial future was prioritized over that of the family as a whole.
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gifts stemmed from concerns for the productive capacity of property. Notably, gifts were not limited to French Canada or the jurisdiction of the Custom of Paris, and they occurred in areas that were primarily based on cultivation such as
638:) were subject to different rules of inheritance, and estates in villein socage had to be partitioned equally. A free socage was inherited unequally with half going to the eldest son and the rest being divided equally among his siblings. 338:, and tenants were not permitted to run down their tenancy to the point that the revenue it generated would fail to cover their annual feu-duties. The Custom also contained the equivalent of a building code, outlining rules for property 139:
In 1663, upon the dissolution of the Company of One Hundred Associates, New France came under direct rule by the French crown. The Custom was officially introduced in New France by Article 33 of the royal charter establishing the
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The financial well-being of a deceased person's children was safeguarded in the Custom by the legitime, a sum equal to half of what each child would have received in an equitable division of the marital community property if no
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However, French Canadians continued to protest even that, particularly by continuing to use notaries to handle their legal affairs, as it had been done under the Custom of Paris. In 1774, wary of the rebellion brewing in the
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Accordingly, a parent had the right to bequeath property in a written will only if such action did not infringe on the legitimes of heirs-at-law and only for the value of movable property and one fifth of immovable property.
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The Custom of Paris turned the family into a body corporate that usually co-owned property. That arrangement contributed to egalitarian family structures and a preoccupation with "fairness" in family matters in New France.
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In the case of the death of one spouse in a childless couple, the Custom stipulated that the half of the marital community normally reserved for the children of the family could go to a male cousin, a brother, or even the
859:) including women, officers of the court, and feudal lords. Depending on the object and extent of indebtedness, debt claims had to be filed within a given amount of time. Debts were secured by all the debtor's property. 681:
Depending on whether the estate was dissolved after the death of one or both parents, the minor heirs would share equally in either half of the community, minus the dower and often the jointure, or the whole community.
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independent business separate from her husband's and was recognized as an independent public merchant by her husband or if she decided to continue to manage the community as an undivided entity with her minor children.
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The customary law of Paris was viewed as prestigious since it was the capital, so it began to be refined between the 13th and 15th centuries as part of a project of codification of all French custumals decreed by King
416:), the income drawn from half of the husband's estate that could not be alienated during the husband's life or claimed by creditors after his death unless the wife formally renounced her rights, or contractual dower ( 449:
and soldiers from France required the approval of their superiors to marry in the colony. Parental consent as required under the Custom became problematic when parents were unwilling to consent to young marriages.
131:, following a period of disuse. A symptom of the time in which it was written, the Custom's 362 articles attempted to merge feudal land tenure with the nascent town-centered commercialization of the Ancien RĂ©gime. 97:
The Custom first originated in 16th-century France as part of a larger project of centralization of law. French law was not unified; multiple regions with distinct laws stemming from each region's unique blend of
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In practice, the jointure allowed a widow to remove her bed, clothes, and personal effects from the marital community prior to the estate inventory, partition of the community, and payment of liabilities.
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alone could incur debts, without her consent, and the wife being unable to do so at all, without being so permitted by her husband, it must be the choice of the wife to accept or renounce the community.
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Evidence of efficient notarial work that prevented civil conflict is found in the fact that few cases concerning real property went to courts; typically, such issues were resolved between the parties.
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and America. The application of the Custom of Paris in the territories of New France varied periodically, as France lost and won back colonies. At its peak, the Custom applied to the colonies of
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Marriage contracts were often used to alter the rules of inheritance and to provide the surviving spouse and family with one or more financial safeguard(s). The most important such safeguard was
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gifts, dowries, and wills were rare. Wills were primarily a form of demonstrating religious piety through their spiritual rhetoric, as opposed to temporal concerns for the division of property.
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Upon the death of a spouse, remarriage was common and frequently occurred without great delay, which created additional complications for inheritance and property principles under the Custom.
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separation; if separation was obtained, women lacked full freedom, as they could not mortgage or alienate their fixed assets without the approval of the justice or their estranged husbands.
436:) and typically came to half the dower's value. Almost all married couples of the time created a jointure in their marriage contracts, and the vast majority of jointures were reciprocal. 768:
During this period of early settlement, families profited from the abundance of virgin land and frequently purchased vast plots with the intention of providing for their offspring
298:) was another mandatory payment, a conveyance fee for villein socages and amounting to a twelfth of the sales price, derived from the feu-duty, as were other fees and the right of 855:
In order to encourage business within the colony, movable property could not be mortgaged under the Custom. In cases of bankruptcy, certain creditors held a statutory preference (
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agreements and served as mediators. Performing the function of magistrates in non-contentious matters, notaries facilitated amicable settlements through transactions, accords and
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was meant to prevail. The flexibility of judicial interpretation was qualified by the Ordinance of 1673, also known as the "Savary Code", that regulated commercial law, and the
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The shift from an egalitarian system to inequality was motivated by numerous factors including the introduction of English freedom of testation in 1774, the development of the
370:), which means that the couple's marital property was co-owned. However, any immovable property purchased prior to marriage or directly inherited remained separate property ( 277:. Villein socage was subject to a number of real burdens and feudal incidents owed to the manorial landlord. For example, the Custom provided for the payment of an annual 588:
compensated a widow for the fact that she would be reviled if she did not formally mourn her husband for at least a year, but no such expectation constrained a widower.
547: 207:) and incorporated into the marital property but would become separate property as soon as the estate went into succession. The distinction between separate property ( 152:
extent that in 1760 it was, as applied in Montreal and Quebec City, the "law of Canada", and on certain points had diverged significantly from its origins in France.
634:, whether they were male or female, and could access their inheritances at 25, the legal age of majority. They could not be disinherited. Estates in free socage ( 409:), a fixed sum set aside for the wife to live on in the event of her husband's death and drawn from half of the marriage community reserved for the minor heirs. 699:
property customarily reserved for the children would revert to the relevant manorial lord, most contemporary marriage contracts specified a reciprocal gift (
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Gilles, David (2002). "La condition juridique de la femme en Nouvelle-France: essai sur l'application de la Coutume de Paris dans un contexte colonial".
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Le Veuvage en Nouvelle-France : Genre, dynamique familiale et stratĂ©gies de survie dans deux villes coloniales du XVIII siècle, QuĂ©bec et Louisbourg
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The 18th century marked a progressive shift from egalitarian practices to more discriminatory forms of inheritance. French Canadians increasingly used
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s), that is, property in severalty external to the marital community unless specified in the marriage contract. Immovables such as land, offices, and
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governance and arbitration, there was considerable regional variation within the practice of the law, even within a colony. From 1665, the colony's
772:. Despite the fact that many plots remained unfarmed during the parents’ lifetime, farmers were willing to pay their feudal incidents for the land. 711:
their children would remain close at hand to care for them in their old age by providing them with advancements on their inheritance in the form of
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Additionally, the Custom of Paris accorded a number of privileges to lords over villein socagers who were their tenants. They included the right of
1622: 287: 58:. It was the law of the land in Paris and the surrounding region in the 16th–18th centuries and was applied to French overseas colonies, including 1627: 740:
children from a previous marriage). Thus, customary inheritance laws enhanced and facilitated the economic and social blending of families.
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made the Custom of Paris the only legitimate source of civil law in any French colony. In Quebec, however, it was not replaced until the
1002:, laid the foundation for Canadian bijuralism, which has been a distinct and important feature of justice in Canada since its inception. 613:
economically practical and common for daughters of typically large, financially strained upper-class families to enter religious orders.
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administrators facilitated young marriages despite the lack of parental consent and reprimands from the central government and the local
1637: 1632: 792:. That led to inequality among heirs, and most inheritances by the 19th century did not provide compensation for those disadvantaged. 849:. Most of a notary's work concerned property law, primarily in the areas of conveyancing, inheritance, indebtedness, and investment. 840:
The Custom of Paris contained four titles regarding debt collection and commercial transactions that were greatly influenced by the
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Marriage contracts, while not required under the Custom, were a form of protecting economic interests and a form of security in the
200:) were considered separate property if acquired by one of the spouses prior to the marriage or inherited directly by either spouse. 1730: 921:. The Custom was practiced in the St. Lawrence Valley in the colony of Canada. To the east, the Superior Councils of Louisburg and 862:
When lawsuits led to a court order to recover debts, creditors had three options for lawful seizure in cases of debts in default:
228: 2214: 1960: 351: 1876: 1925: 342:, but in general, police regulations were more important for construction, fire prevention, and public hygiene in New France. 108:. The Custom of Paris was just one of 360 uncodified custumals in effect across the different regions of 15th-century France. 1826: 1235: 266:). Free socage was considered 'noble' (but the owner did not have to be a member of the nobility) and the latter 'peasant'. 122: 1920: 1808: 1584: 472:) were significant as they contained important safeguards for widowed men and women as well as their children and orphans. 518:
husband in according her sufficient material holdings on which to live and support her family in her potential widowhood.
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In the interest of encouraging trade, movable property could not be mortgaged and was not considered separate property (
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gifts to transfer land to a single heir before death. They thus were able to circumvent the division of the property
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Thus, the legacy of the Custom of Paris in New France is that its evolved successor, Quebec's modern system of civil
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Under feudal tenure, a fief could not be owned outright but was instead divided into competing interests known as
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still drew them up, as they were recognized to be key to the survival of individuals living in New France.
1056:"La transmission du patrimoine dans les terroirs en expansion : un exemple canadien au XVIIIe siècle" 552: 273:; thus, a single tract of land could be held both in villein socage by a tenant and in free socage by the 1940: 983:
The partition of the colony into Upper Canada (largely English) and Lower Canada (largely French) in the
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Equitable settlements stemmed from a familial interest in preventing an excessive fragmentation of land.
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and the Sovereign Councils of Quebec and Louisbourg operated as judicial bodies, among other things.
141: 78: 285:) by villein socagers to the landlord as both revenue and as a token of submission. The entry fine ( 2171: 2099: 2051: 1687: 1577: 976:, the British sought to appease French Canadians and co-opt their support by the provisions of the 457:. The Sovereign Council would punish clandestine marriages by either exiling the married couple to 330:), water power, hunting, and fishing ({{:wikt:piscary|piscary}}). Peasants also had to pay a fixed 55: 1531: 987:
ensured the constitutional survival of French civil law in Canada. Even after the adoption of the
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The other half would be split evenly among the surviving children. Children were entitled to a
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Immovable property purchased during the marriage was considered to be after-acquired property (
182: 2250: 2161: 2146: 856: 601: 363: 113: 884:), in which property or money was taken into custody by a third party pending a court trial. 219:) was very important; many limitations were imposed on the alienation of separate property. 2292: 2260: 2156: 2013: 1930: 1836: 1089:
Dickinson, John A. (1995). "New France: Law, Courts, and the Coutume De Paris, 1608-1760".
374:); all other property acquired after the marriage was concurrently owned by the spouses as 1533:
Out of the Shadows: The Civil Law Tradition in the Department of Justice Canada, 1868–2000
934: 538:
However, contemporary husbands were not commonly predisposed to initiating such measures.
8: 2336: 2315: 2265: 2255: 2121: 2078: 1793: 1763: 1743: 1681: 1570: 1141: 910: 902: 309: 128: 127:
in 1453. It was first compiled in 1510 and subsequently revised in 1580 by order of King
1768: 1699: 1033: 898: 375: 557:
explained the principle as demonstrating inherent fairness in the treatment of women:
2297: 2240: 2024: 1715: 1649: 1231: 1197: 1160: 1124: 1117: 1077: 1040: 1017: 988: 973: 724:
up the marital communities of their children and protecting them as best they could.
643: 532: 292: 278: 274: 170: 1758: 1159:. Winnipeg: Canadian Legal History Project, Faculty of Law, University of Manitoba. 1119:
Peasant, Lord, and Merchant : Rural Society in Three Quebec Parishes, 1740-1840
2287: 2166: 2116: 2056: 1856: 1846: 1705: 1187: 1137: 1067: 704: 580:
Therefore, almost all relevant marriage contracts contained such a specification.
323: 2008: 2003: 893:
The Custom of Paris was understood to apply to all of the French colonies of the
362:
Under the Custom, when a couple got married in New France, the couple married in
350:"Marriage community" redirects here. For community property (United States), see 144:
in May 1664. The company retained control of the colony for a decade thereafter.
63: 43: 1831: 2131: 2073: 1720: 820: 800: 675: 521: 270: 535:, or recognize her as a public merchant capable of transacting independently. 2330: 2046: 1866: 1841: 1201: 1147: 1081: 816: 803:, argued that rather than the changing man-to-land ratio, the primary use of 497: 105: 458: 1851: 1710: 319: 34:
The Custom of Paris as practised in New France during the French government
2272: 999: 947: 922: 796: 678:, who was usually a relative, would protect the rights of minor orphans. 335: 237: 100: 67: 2199: 1861: 1593: 977: 926: 733: 662: 193: 174: 59: 2151: 148:
Despite the judicial unity, customary practice varied across regions.
2209: 2204: 2111: 2061: 2030: 1993: 1192: 1175: 1072: 1055: 841: 815:
That shows a pattern of preferential treatment not in the fashion of
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Legal system in force in New France & Lower Canada (1627–1866)
2018: 666: 339: 259: 51: 776:
land, they would be compensated with additional movable assets.
743: 443: 1675: 906: 249: 165:
Under the Custom of Paris, property was divided into movables (
1562: 402: 241: 1104:
Cahiers aixois d'histoire des droits de l'outre-mer français
522:
Protection of widows: dower, jointure, and separate property
1066:(2). Institut d'histoire de l'Amérique française: 171–198. 245: 929:
was practiced in the adjacent territories of New England.
62:. First written in 1507 and revised in 1580 and 1605, the 1513: 1511: 1509: 1507: 1505: 1503: 1501: 1278: 1276: 1274: 937:
controlled foreign relations and the military, while the
1473: 1368: 1366: 1364: 1362: 1360: 1358: 1356: 1354: 1352: 1350: 1348: 1346: 877:) – passing the sale of land to a public auctioneer; and 727: 1471: 1469: 1467: 1465: 1463: 1461: 1459: 1457: 1455: 1453: 1344: 1342: 1340: 1338: 1336: 1334: 1332: 1330: 1328: 1326: 1186:(3). Institut d'histoire de l'Amérique française: 365. 1035:
Habitants and Merchants in Seventeenth-century Montreal
229:
Seigneurial system of New France § Types of tenure
134: 1498: 1271: 248:, the latter coming in two distinct forms—either free 1488: 1486: 1313: 1311: 1261: 1259: 1257: 1255: 1253: 1251: 1249: 1247: 963:
After the conquest of New France by the British, the
1450: 1431: 1429: 1427: 1425: 1423: 1421: 1419: 1417: 1415: 1413: 1411: 1409: 1407: 1405: 1403: 1401: 1323: 1309: 1307: 1305: 1303: 1301: 1299: 1297: 1295: 1293: 1291: 1399: 1397: 1395: 1393: 1391: 1389: 1387: 1385: 1383: 1381: 1483: 1244: 1142:« The custom of Paris in the New World Â» 1116: 1032: 531:of) her inheritances, give her general or special 73:The Custom of Paris was introduced in 1627 by the 1288: 1228:A little dictionary of Quebecois and Canadian law 1224:Petit dictionnaire de droit quebecois et canadien 749:qualifications favouring preferential treatment. 412:The dower could take two forms: dower by custom ( 160: 2328: 1378: 322:(right to hold court), restrictions, as well as 1155:Pue, W. Wesley; Guth, DeLloyd J., eds. (2001). 492:According to the Custom, a married woman was a 1578: 1039:. Montreal: McGill-Queen's University Press. 744:From egalitarianism to preferential treatment 444:Abandonment of parental consent in New France 1016:(Ph.D.). Montreal: UniversitĂ© De MontrĂ©al. 719:customary inheritance laws necessitated an 326:such as a monopoly over mills and milling ( 1585: 1571: 752: 177:, debts or 'obligations') and immovables ( 77:. In 1664, under the royal charter of the 1372: 1191: 1088: 1071: 685: 591: 66:was a compilation and systematization of 1282: 1180:Revue d'histoire de l'AmĂ©rique française 1173: 1123:. Toronto: University of Toronto Press. 1060:Revue d'histoire de l'AmĂ©rique française 334:for land as specified in their deeds of 29: 1517: 1492: 1265: 1154: 1053: 1030: 389:The husband was the "head and master" ( 352:Community property in the United States 14: 2329: 1529: 1317: 1146:Juristische Festgabe des Auslandes zu 1101: 870:) – involving the seizure of movables; 155: 1827:List of French forts in North America 1566: 1435: 1114: 732:The Custom also had implications for 728:Blended families formed by remarriage 396: 345: 92: 1477: 1221: 1011: 135:Initial implementation in New France 1608:French colonization of the Americas 468:. Contracts of marriage community ( 24: 25: 2353: 1557:Approximate date: not before 1909 1176:"Esquisse de la Coutume de Paris" 482: 75:Company of One Hundred Associates 18:The Custom of Paris in New France 2311: 2310: 2236:Military history of the Acadians 1984:Seigneurial system of New France 1110:. Aix-en-Provence: PUAM: 77–125. 835: 674:of the death of both parents, a 222: 1660:History of the French-Americans 1551: 1539:. Ottawa: Department of Justice 1523: 1005: 779: 50:) was one of France's regional 1989:Criminal justice in New France 1618:Timeline of New France history 1592: 1441: 1215: 888: 616: 161:Movable and immovable property 13: 1: 1979:Custom of Paris in New France 1209: 118:Ordinance of Montil-les-Tours 487: 89:entered into force in 1866. 7: 1157:Canada's Legal Inheritances 715:gifts rather than dowries. 649: 461:or annulling the marriage. 357: 10: 2358: 1926:Governor of Trois-Rivières 1174:Zoltvany, Yves F. (1971). 993:Civil Code of Lower Canada 965:Royal Proclamation of 1763 953:Criminal Ordinance of 1670 653: 349: 226: 211:) and community property ( 87:Civil Code of Lower Canada 2306: 2278:Expulsion of the Acadians 2223: 2187: 2092: 2069:Company of 100 Associates 2039: 1971: 1895: 1882:Fort St. Louis (Illinois) 1819: 1729: 1668: 1600: 958: 142:French West India Company 79:French West India Company 2273:French and Iroquois Wars 1530:Brunet, MĂ©lanie (2000). 1230:]. Montreal: Fides. 1222:PagĂ©, Dominique (1975). 1054:DĂ©patie, Sylvie (1990). 1031:DechĂŞne, Louise (1992). 2283:Great Peace of Montreal 2084:Compagnie de l'Occident 1655:History of the Acadians 985:Constitutional Act 1791 753:16th and 17th centuries 621: 2231:Military of New France 2157:Gens de couleur libres 1887:Fort St. Louis (Texas) 1872:Fortress of Louisbourg 1696:(1682–1763, 1801–1803) 1613:French colonial empire 1012:Brun, Josette (2000). 857:preferential creditors 810:Andover, Massachusetts 686:Implications on family 592:Daughters' inheritance 564: 548:François-Joseph Cugnet 511: 47: 35: 1447:art. 220, Cust. Paris 1115:Greer, Allan (1985). 571:during the marriage. 559: 506: 364:community of property 240:and could be held in 33: 1931:Governor of Montreal 1837:Fort Michilimackinac 1645:1763 Treaty of Paris 1091:Manitoba Law Journal 602:notarial instruments 233:Land was subject to 2079:Mississippi Company 1493:Pue & Guth 2001 470:communautĂ© de biens 384:biens de communautĂ© 368:communautĂ© de biens 217:biens de communautĂ© 181:: land, buildings, 156:Property and tenure 2251:King William's War 2246:Intercolonial Wars 899:French West Indies 600:The evidence from 397:Dower and jointure 391:seigneur et maĂ®tre 376:community property 346:Marriage community 198:rentes constituĂ©es 93:French inheritance 36: 2324: 2323: 2261:King George's War 2241:Acadian Civil War 2188:Missionary groups 2179:Intellectual life 1916:Sovereign Council 1650:History of Quebec 1480:, pp. 75–78. 1237:978-2-7621-0542-1 1144:, excerpted from 1138:Munro, William B. 974:Thirteen Colonies 644:manorial landlord 577:clause de reprise 533:power of attorney 455:Sovereign Council 414:douaire coutumier 275:lord of the manor 16:(Redirected from 2349: 2314: 2313: 2293:Schenectady Raid 2266:Seven Years' War 2256:Queen Anne's War 2122:King's Daughters 2074:Crozat's Company 2057:Coureur des bois 1999:Superior Council 1921:Bishop of Quebec 1906:Governor General 1847:Fort de Chartres 1706:Illinois Country 1587: 1580: 1573: 1564: 1563: 1558: 1555: 1549: 1548: 1546: 1544: 1538: 1527: 1521: 1515: 1496: 1490: 1481: 1475: 1448: 1445: 1439: 1433: 1376: 1370: 1321: 1315: 1286: 1280: 1269: 1263: 1242: 1241: 1219: 1205: 1195: 1193:10.7202/303092ar 1170: 1134: 1122: 1111: 1098: 1085: 1075: 1073:10.7202/304878ar 1050: 1038: 1027: 935:governor-general 868:saisie-exĂ©cution 734:blended families 556: 313: 305:retrait lignager 296: 126: 48:Coutume de Paris 21: 2357: 2356: 2352: 2351: 2350: 2348: 2347: 2346: 2327: 2326: 2325: 2320: 2302: 2219: 2195:Jesuit missions 2183: 2132:Casquette girls 2088: 2035: 2004:Admiralty court 1967: 1891: 1815: 1732: 1725: 1664: 1623:Beginnings–1533 1596: 1591: 1561: 1556: 1552: 1542: 1540: 1536: 1528: 1524: 1516: 1499: 1491: 1484: 1476: 1451: 1446: 1442: 1434: 1379: 1371: 1324: 1316: 1289: 1281: 1272: 1264: 1245: 1238: 1220: 1216: 1212: 1167: 1131: 1047: 1024: 1008: 961: 891: 880:sequestration ( 838: 782: 755: 746: 730: 688: 658: 652: 624: 619: 594: 550: 524: 490: 485: 446: 399: 360: 355: 348: 307: 290: 271:estates in land 231: 225: 179:biens immeubles 163: 158: 137: 120: 95: 64:Custom of Paris 40:Custom of Paris 28: 23: 22: 15: 12: 11: 5: 2355: 2345: 2344: 2339: 2322: 2321: 2319: 2318: 2307: 2304: 2303: 2301: 2300: 2298:Deerfield Raid 2295: 2290: 2285: 2280: 2275: 2270: 2269: 2268: 2263: 2258: 2253: 2243: 2238: 2233: 2227: 2225: 2221: 2220: 2218: 2217: 2212: 2207: 2202: 2197: 2191: 2189: 2185: 2184: 2182: 2181: 2176: 2175: 2174: 2164: 2159: 2154: 2149: 2144: 2139: 2134: 2129: 2124: 2119: 2114: 2109: 2108: 2107: 2096: 2094: 2090: 2089: 2087: 2086: 2081: 2076: 2071: 2066: 2065: 2064: 2059: 2049: 2043: 2041: 2037: 2036: 2034: 2033: 2028: 2021: 2016: 2011: 2006: 2001: 1996: 1991: 1986: 1981: 1975: 1973: 1969: 1968: 1966: 1965: 1964: 1963: 1955: 1954: 1953: 1945: 1944: 1943: 1935: 1934: 1933: 1928: 1923: 1918: 1913: 1908: 1899: 1897: 1893: 1892: 1890: 1889: 1884: 1879: 1874: 1869: 1864: 1859: 1854: 1849: 1844: 1839: 1834: 1829: 1823: 1821: 1817: 1816: 1814: 1813: 1812: 1811: 1803: 1802: 1801: 1796: 1791: 1783: 1782: 1781: 1773: 1772: 1771: 1766: 1761: 1759:Trois-Rivières 1756: 1748: 1747: 1746: 1737: 1735: 1727: 1726: 1724: 1723: 1721:Domaine du roy 1718: 1716:Pays d'en Haut 1713: 1708: 1703: 1697: 1691: 1685: 1679: 1672: 1670: 1666: 1665: 1663: 1662: 1657: 1652: 1647: 1642: 1641: 1640: 1635: 1630: 1625: 1615: 1610: 1604: 1602: 1598: 1597: 1590: 1589: 1582: 1575: 1567: 1560: 1559: 1550: 1522: 1520:, p. 172. 1497: 1482: 1449: 1440: 1377: 1373:Dickinson 1995 1322: 1287: 1285:, p. 365. 1270: 1243: 1236: 1213: 1211: 1208: 1207: 1206: 1171: 1165: 1152: 1150:60. Geburtstag 1148:Joseph Kohlers 1135: 1129: 1112: 1099: 1086: 1051: 1045: 1028: 1022: 1007: 1004: 960: 957: 897:including the 890: 887: 886: 885: 878: 871: 837: 834: 821:ultimogeniture 781: 778: 754: 751: 745: 742: 729: 726: 687: 684: 676:legal guardian 654:Main article: 651: 648: 623: 620: 618: 615: 593: 590: 523: 520: 489: 486: 484: 483:Women's rights 481: 445: 442: 418:douaire prĂ©fix 398: 395: 359: 356: 347: 344: 340:held in common 288:lods et ventes 227:Main article: 224: 221: 213:biens communs, 162: 159: 157: 154: 136: 133: 94: 91: 26: 9: 6: 4: 3: 2: 2354: 2343: 2342:Law of France 2340: 2338: 2335: 2334: 2332: 2317: 2309: 2308: 2305: 2299: 2296: 2294: 2291: 2289: 2286: 2284: 2281: 2279: 2276: 2274: 2271: 2267: 2264: 2262: 2259: 2257: 2254: 2252: 2249: 2248: 2247: 2244: 2242: 2239: 2237: 2234: 2232: 2229: 2228: 2226: 2222: 2216: 2213: 2211: 2208: 2206: 2203: 2201: 2198: 2196: 2193: 2192: 2190: 2186: 2180: 2177: 2173: 2170: 2169: 2168: 2165: 2163: 2160: 2158: 2155: 2153: 2150: 2148: 2145: 2143: 2140: 2138: 2135: 2133: 2130: 2128: 2125: 2123: 2120: 2118: 2115: 2113: 2110: 2106: 2103: 2102: 2101: 2098: 2097: 2095: 2091: 2085: 2082: 2080: 2077: 2075: 2072: 2070: 2067: 2063: 2060: 2058: 2055: 2054: 2053: 2050: 2048: 2047:Chemin du Roy 2045: 2044: 2042: 2038: 2032: 2029: 2027: 2026: 2022: 2020: 2017: 2015: 2012: 2010: 2007: 2005: 2002: 2000: 1997: 1995: 1992: 1990: 1987: 1985: 1982: 1980: 1977: 1976: 1974: 1970: 1962: 1959: 1958: 1956: 1952: 1949: 1948: 1946: 1942: 1939: 1938: 1936: 1932: 1929: 1927: 1924: 1922: 1919: 1917: 1914: 1912: 1909: 1907: 1904: 1903: 1901: 1900: 1898: 1894: 1888: 1885: 1883: 1880: 1878: 1875: 1873: 1870: 1868: 1867:Fort Duquesne 1865: 1863: 1860: 1858: 1857:Fort Carillon 1855: 1853: 1850: 1848: 1845: 1843: 1842:Fort de Buade 1840: 1838: 1835: 1833: 1830: 1828: 1825: 1824: 1822: 1818: 1810: 1807: 1806: 1804: 1800: 1797: 1795: 1792: 1790: 1787: 1786: 1784: 1780: 1777: 1776: 1774: 1770: 1767: 1765: 1762: 1760: 1757: 1755: 1752: 1751: 1749: 1745: 1742: 1741: 1739: 1738: 1736: 1734: 1728: 1722: 1719: 1717: 1714: 1712: 1709: 1707: 1704: 1701: 1698: 1695: 1692: 1689: 1686: 1683: 1680: 1677: 1674: 1673: 1671: 1667: 1661: 1658: 1656: 1653: 1651: 1648: 1646: 1643: 1639: 1636: 1634: 1631: 1629: 1626: 1624: 1621: 1620: 1619: 1616: 1614: 1611: 1609: 1606: 1605: 1603: 1599: 1595: 1588: 1583: 1581: 1576: 1574: 1569: 1568: 1565: 1554: 1535: 1534: 1526: 1519: 1514: 1512: 1510: 1508: 1506: 1504: 1502: 1494: 1489: 1487: 1479: 1474: 1472: 1470: 1468: 1466: 1464: 1462: 1460: 1458: 1456: 1454: 1444: 1437: 1432: 1430: 1428: 1426: 1424: 1422: 1420: 1418: 1416: 1414: 1412: 1410: 1408: 1406: 1404: 1402: 1400: 1398: 1396: 1394: 1392: 1390: 1388: 1386: 1384: 1382: 1374: 1369: 1367: 1365: 1363: 1361: 1359: 1357: 1355: 1353: 1351: 1349: 1347: 1345: 1343: 1341: 1339: 1337: 1335: 1333: 1331: 1329: 1327: 1319: 1314: 1312: 1310: 1308: 1306: 1304: 1302: 1300: 1298: 1296: 1294: 1292: 1284: 1283:Zoltvany 1971 1279: 1277: 1275: 1267: 1262: 1260: 1258: 1256: 1254: 1252: 1250: 1248: 1239: 1233: 1229: 1225: 1218: 1214: 1203: 1199: 1194: 1189: 1185: 1181: 1177: 1172: 1168: 1162: 1158: 1153: 1151: 1149: 1143: 1139: 1136: 1132: 1130:0-8020-6578-3 1126: 1121: 1120: 1113: 1109: 1105: 1100: 1096: 1092: 1087: 1083: 1079: 1074: 1069: 1065: 1061: 1057: 1052: 1048: 1046:0-7735-0658-6 1042: 1037: 1036: 1029: 1025: 1023:0-612-57459-8 1019: 1015: 1010: 1009: 1003: 1001: 996: 994: 990: 986: 981: 979: 975: 969: 966: 956: 954: 950: 949: 942: 940: 936: 930: 928: 924: 920: 916: 912: 908: 904: 900: 896: 895:Ancien RĂ©gime 883: 879: 876: 875:saisie rĂ©elle 873:foreclosure ( 872: 869: 865: 864: 863: 860: 858: 853: 850: 848: 843: 836:Debt recovery 833: 831: 825: 822: 818: 817:primogeniture 813: 811: 806: 802: 798: 793: 791: 787: 777: 773: 771: 766: 763: 761: 750: 741: 737: 735: 725: 722: 716: 714: 708: 706: 702: 696: 692: 683: 679: 677: 671: 668: 664: 657: 647: 645: 639: 637: 633: 628: 614: 610: 606: 603: 598: 589: 585: 581: 578: 572: 568: 563: 558: 554: 549: 543: 539: 536: 534: 528: 519: 515: 510: 505: 501: 499: 498:marital power 495: 480: 477: 473: 471: 467: 462: 460: 456: 450: 441: 437: 435: 431: 425: 421: 419: 415: 410: 408: 404: 394: 392: 387: 385: 381: 380:biens communs 377: 373: 372:biens propres 369: 365: 353: 343: 341: 337: 333: 329: 325: 324:astrictions|5 321: 316: 314: 311: 306: 301: 297: 294: 289: 284: 280: 276: 272: 267: 265: 261: 257: 256: 251: 247: 243: 239: 236: 230: 223:Feudal tenure 220: 218: 214: 210: 209:biens propres 206: 201: 199: 195: 191: 186: 184: 180: 176: 172: 168: 167:biens meubles 153: 149: 145: 143: 132: 130: 124: 119: 115: 109: 107: 106:customary law 103: 102: 90: 88: 84: 80: 76: 71: 69: 65: 61: 57: 53: 49: 45: 41: 32: 19: 2288:Lachine Raid 2025:MarĂ©chaussĂ©e 2023: 1978: 1947:Terre-Neuve 1852:Fort Detroit 1832:Fort RouillĂ© 1805:Terre-Neuve 1711:Ohio Country 1553: 1541:. Retrieved 1532: 1525: 1518:DĂ©patie 1990 1443: 1266:DechĂŞne 1992 1227: 1223: 1217: 1183: 1179: 1166:0-96845602-2 1156: 1145: 1118: 1107: 1103: 1094: 1090: 1063: 1059: 1034: 1013: 1006:Bibliography 997: 989:Act of Union 982: 970: 962: 946: 943: 931: 911:Newfoundland 894: 892: 882:saisie-arrĂŞt 881: 874: 867: 866:attachment ( 861: 854: 851: 847:dĂ©sistements 846: 839: 829: 826: 814: 804: 797:grain market 794: 789: 785: 783: 780:18th century 774: 769: 767: 764: 759: 756: 747: 738: 731: 720: 717: 712: 709: 700: 697: 693: 689: 680: 672: 659: 640: 635: 629: 625: 611: 607: 599: 595: 586: 582: 576: 573: 569: 565: 560: 544: 540: 537: 529: 525: 516: 512: 507: 502: 491: 478: 474: 469: 463: 451: 447: 438: 433: 426: 422: 417: 413: 411: 406: 400: 390: 388: 383: 379: 371: 367: 361: 317: 303: 299: 286: 282: 268: 263: 253: 232: 216: 212: 208: 204: 202: 197: 190:biens propre 189: 187: 178: 166: 164: 150: 146: 138: 110: 99: 96: 72: 39: 37: 2142:Amerindians 2105:1666 census 2014:Officiality 2009:Provostship 1896:Governments 1877:Castle Hill 1799:New Orleans 1775:ĂŽle Royale 1754:Quebec City 1702:(1713–1763) 1690:(1662–1713) 1688:Terre-Neuve 1684:(1608–1763) 1678:(1604–1713) 1543:February 5, 1318:Gilles 2002 1000:private law 948:jus commune 923:Cape Breton 889:Application 830:inter vivos 805:inter vivos 790:post mortem 786:inter vivos 770:post mortem 760:inter vivos 721:inter vivos 713:inter vivos 636:seigneuries 617:Inheritance 551: [ 509:household'. 496:subject to 494:feme covert 336:enfeoffment 308: [ 291: [ 281:-duty (the 194:rentcharges 121: [ 114:Charles VII 101:jus commune 68:Renaissance 2337:New France 2331:Categories 2215:Sulpicians 2172:card money 2100:Population 1994:Intendancy 1957:Louisiane 1862:Fort CondĂ© 1785:Louisiane 1779:Louisbourg 1744:Port Royal 1700:ĂŽle Royale 1594:New France 1436:Greer 1985 1210:References 978:Quebec Act 927:common law 919:ĂŽle Royale 701:don mutuel 459:ĂŽle Royale 255:seigneurie 175:emblements 60:New France 2210:Ursulines 2205:Grey Nuns 2200:RĂ©collets 2117:Canadiens 2112:Habitants 2062:Voyageurs 2052:Fur trade 2031:Code Noir 1911:Intendant 1809:Plaisance 1731:Towns and 1694:Louisiana 1638:1663–1759 1633:1608–1662 1628:1534–1607 1478:Brun 2000 1202:1492-1383 1082:1492-1383 939:intendant 915:Louisiana 842:canon-law 801:ĂŽle JĂ©sus 488:Coverture 466:New World 185:, etc.). 129:Henry III 83:Louis XIV 56:civil law 52:custumals 2316:Category 2167:Currency 2127:Acadians 1961:Governor 1951:Governor 1941:Governor 1764:Montreal 1733:villages 1669:Colonies 1140:(1909). 705:notaries 667:bequests 656:legitime 650:Legitime 632:legitime 434:prĂ©ciput 430:jointure 358:Overview 332:quitrent 328:thirlage 300:laudatio 262:socage ( 205:conquĂŞts 183:fixtures 171:chattels 2162:Alcohol 2152:Plaçage 2147:Slavery 2093:Society 2040:Economy 2019:Bailiff 1937:Acadie 1902:Canada 1769:DĂ©troit 1750:Canada 1740:Acadie 1601:History 546:lawyer 407:douaire 260:villein 116:in the 1794:Biloxi 1789:Mobile 1682:Canada 1676:Acadia 1234:  1200:  1163:  1127:  1080:  1043:  1020:  959:Legacy 917:, and 907:Acadia 903:Canada 832:gift. 264:roture 250:socage 238:tenure 235:feudal 44:French 2137:MĂ©tis 1820:Forts 1537:(PDF) 1226:[ 1097:: 32. 663:gifts 555:] 403:dower 382:, or 312:] 295:] 258:) or 242:allod 125:] 2224:Wars 1972:Laws 1545:2015 1232:ISBN 1198:ISSN 1161:ISBN 1125:ISBN 1078:ISSN 1041:ISBN 1018:ISBN 622:Land 428:the 386:). 320:soke 283:cens 246:fief 104:and 38:The 1188:doi 1068:doi 819:or 665:or 315:). 279:feu 244:or 215:or 54:of 2333:: 1500:^ 1485:^ 1452:^ 1380:^ 1325:^ 1290:^ 1273:^ 1246:^ 1196:. 1184:25 1182:. 1178:. 1108:11 1106:. 1095:23 1093:. 1076:. 1064:44 1062:. 1058:. 955:. 913:, 909:, 905:, 812:. 646:. 553:fr 310:fr 293:fr 173:, 169:: 123:fr 81:, 46:: 1586:e 1579:t 1572:v 1547:. 1495:. 1438:. 1375:. 1320:. 1268:. 1240:. 1204:. 1190:: 1169:. 1133:. 1084:. 1070:: 1049:. 1026:. 432:( 405:( 378:( 366:( 354:. 302:( 252:( 196:( 42:( 20:)

Index

The Custom of Paris in New France

French
custumals
civil law
New France
Custom of Paris
Renaissance
Company of One Hundred Associates
French West India Company
Louis XIV
Civil Code of Lower Canada
jus commune
customary law
Charles VII
Ordinance of Montil-les-Tours
fr
Henry III
French West India Company
chattels
emblements
fixtures
rentcharges
Seigneurial system of New France § Types of tenure
feudal
tenure
allod
fief
socage
seigneurie

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