6533b7d3fe1ef96bd126117f

RESEARCH PRODUCT

L'édit des Mères en Provence (1567-1729) : un exemple de la difficile application des ordonnances royales en pays de droit écrit

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The Edict of Saint-Maur, adopted in May 1567, or Edict of the Mothers, is presented as that must introduce the paterna paternis rule in the countries which ignore it, as it's the case in Provence where prevails Novella 118, calling to the succession of the de cujus its directs parents without distinction between the possessions resulting from the paternal or maternal line. So, from 1575, date of the recording of an interpretative Statement of this Edict, until 1729 year of its abrogation, the Parliament of Provence is anxious to grant to the mothers, who are particularly aimed by the royal act, only furnitures and acquests of their dead child as well as the usufruct on half of the own. For all that, this principle will not still be followed by effectiveness. Indeed, this Edict shows itself with difficulty applicable because it's based on unknown terms in country of written law, such as the own. Besides, the aixois magistrates intend to protect the inheritance rights of the mother, when this one is a widow, as closer relative of the de cujus. An analysis of the case law of the Parliament of Aix-en-Provence, relative to this question, demonstrates that the spirit of the Edict is going to be by-passed – when it's not simply denied – so as to protect the law of the successions appropriate for Provence.