RICARD (Jean-Marie) – WORKS OF MR. JEAN MARIE RICARD. Vol. II [alone]

RICARD (Jean-Marie)

WORKS OF MR. JEAN MARIE RICARD. Vol. II [alone] containing TREATISES ON MUTUAL GIFTS, CONDITIONAL PROVISIONS, & SUBSTITUTIONS OF REPRESENTATION & RECALL, in matters of Succession & several other treatises found in the Author's Manuscripts, TOGETHER THE CUSTOM OF SENLIS with commentary, latest edition augmented with new remarks (vol. I is missing)

Édition :

Paris

Date :

1734

folio, contemporary brown calfskin, gilt titles and volumes on burgundy paper, spine with raised bands decorated with fleurons, wreath lace and gilt fillets, red edge, roll on the edges, two-color red and black title, initial letters, (title paper partially missing, 1 joint split for 1.5 cm, leather detached inside the front cover, corners bumped with small missing pieces, heavy dampstaining and worm damage to the lower margins resulting in extreme fragility and acidification of the paper), [4 ff.]-626-222 p.-[7 ff.].

I. TREATISE ON MUTUAL GIFTS; 1. Whether a mutual gift is a lucrative or onerous title, and in what cases it is subject to the laws of gifts; 2. Whether, in the case where a mutual gift is considered an onerous title, it can only be made between those who have the power to alienate and contract together; 3. Whether a mutual gift of oneself is an inter vivos act or a mortis causa act; 4. Interpretation of Article 58 of the Ordinance of Moulins and Article 284 of the Custom of Paris, concerning the registration of mutual gifts; 5. Particularities of mutual gifts between husbands and wives. Whether these gifts are part of our particular custom. And whether they are permitted under Roman Law both by contract and by will; 6. The obligations to which mutual donees are subject; 7. What customs must be taken into account when judging the validity and effect of inter vivos and testamentary gifts; 8. Usufruct in relation to mutual gifts of usufruct. II. TREATISE ON CONDITIONAL, onerous, remunerative, demonstrative, caused, dilatory, and time-bound provisions: 1. Description of the types of gifts included in this Treatise and their differences from one another; 2. Characteristics of dilatory and time-bound provisions. In what cases they entail a condition; 3. Characteristics of demonstrative, caused, and remunerative provisions. In what cases they contain a condition; 4. Characteristics of onerous or burdensome provisions. And in what cases they must be considered conditional; 5. Characteristics of conditional provisions. III. TREATISE ON DIRECT AND TRUSTEE SUBSTITUTIONS: 1. Origin, definition, and division of substitutions; 2. Particularities of pupillary and exemplary substitutions; 3. Particularities of universal and particular trusts; 4. By what acts both direct and fideicommissary substitutions may be made; 5. Substitutions commonly called simple, double, express, tacit, compendious, summary, and reciprocal; 6. Continuation of the subject matter of the preceding chapter, particularly concerning fideicommissary substitutions; 7. Terms and provisions that create trusts; 8. Terms and provisions that create gradual substitutions, and in what cases a person not expressly included in the substitution, whether common, pupillary, or fideicommissary, is nevertheless summoned to it; 9. The means by which substitutions remain without effect; 10. The time at which the trust is opened. Cases in which the person charged with restitution may be compelled to do so before the appointed time. If, outside of these circumstances, they may do so. And if, by doing so, this premature restitution may prejudice the other trustees or the creditors; 11. The choice given to the heir to elect a trustee from among several; 12. Which assets are included in the restitution of the trust, and its fruits; 13. That the assets subject to restitution may not be validly alienated, decreed, prescribed, or confiscated; 14. How the charges and expenses of the estate are paid with respect to the heirs and the trustees; 15. The heir, during their enjoyment of the estate, has control and how they are responsible to the trustee; 16. If the trustees are automatically seized; 17. Added again by the Author of the preceding additions. From the Fourth Trebellian. Consultations concerning Substitutions. Decrees of Parliament. CUSTOMS OF SENLIS: 1. The beginning contains a declaration and division of the different jurisdictions subject to this custom; 2. Of the rights belonging to the Lords of the Castle; 3. Of cases belonging to the High Justice; 4. Of cases belonging to the Middle Justice; 5. Of the Low Justices and the cases belonging to them and of which the Middle Justice has jurisdiction; 6. Of the succession of fiefs and other commoner inheritances and movable property; 7. Of dowers; 8. Of prescription; 9. Of annuities established and assigned on inheritances; 10. Of donations; 11. Of redemption by lineage; 12. Of seisin and dissaisin; 13. Of seisin and possession acquired; 14. Of inheritance decrees. Minutes of the Customs of the Bailiwick of Senlis. A more methodical text from the same Custom.

Référence : 35731

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Mots-clés : Individual works, Ancient law - History of law, Customs