A Treatise on Obligations, Considered in a Moral and Legal View, Volumes 1-2
Translated by Francois-Xavier Martin. Originally published: NewBern, N.C.: Martin & Ogden, 1802. 2 vols. in 1 book. xii (iii-xii new introduction), [xii], 364; [ix], 315,  pp. With a new introduction by Warren M. Billings, Distinguished Professor of History, Emeritus, University of New Orleans and Bicentennial Historian of the Supreme Court of Louisiana.
Reprint of the rare New Bern edition. In the decades before the Civil War this classic treatise was required reading for practitioners, scholars and law students. Martin, an attorney and printer in New Bern, North Carolina, later a distinguished lawyer in Louisiana, gained distinction for this translation. This treatise was an important influence on British and American contract law. Marvin quotes and endorses an assessment by Luther Cushing that includes the following remark by one of Pothier's earlier editors, Andre Dupin: "[Pothier on Obligations] is not only a good book of law, but an excellent book on morals; a work of all countries, of all nations; a book, to which antiquity can present to rival but the Offices of Cicero." John Gage Marvin, Legal Bibliography (1847) 578.
"The Treatise on Obligations was soon recognized as a major contribution to legal science."--David M. Walker, Oxford Companion to Law 973.
ROBERT JOSEPH POTHIER [1699-1772] was arguably the greatest French jurist of the eighteenth century. A brilliant scholar, he is renowned for his treatises on Roman law and the various branches of French civil law, which were primary sources for the French Civil Code.
FRANCOIS-XAVIER MARTIN [1762-1846], a Frenchborn lawyer, judge, author, translator, printer and historian, is an important figure in the legal history of the south. His career began in North Carolina. He later moved to the Louisiana territory, where he played the central role in the reorganization of its legal system. Appointed attorney-general when Louisiana became a state, he is considered the father of Louisiana jurisprudence."
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Page vii - Bouvier, John. A Law Dictionary Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law.
Page xiii - For my own part, I am so charmed with them, that, if my undissembled fondness for the study of jurisprudence were never to produce any greater benefit to the public than barely the introduction of Pothier to the acquaintance of my countrymen, I should think that I had, in some measure, discharged the debt which every man, according to Lord Coke, owes to his profession.
Page 6 - ... law, may legally become the subject of, or the motive for contracts ; but different agreements are governed by different rules, adapted to the nature of each contract, to distinguish which it is necessary in every contract to consider: 1. That which is the essence of the contract, for the want whereof there is either no contract at all, or a contract of another description. Thus a price is essential to the contract of sale; if there be none, it is either no contract, or if the consideration be...
Page 24 - ... compensation for it, an injury suffered by one of the contracting parties, even when the other has not had recourse to any artifice to deceive him, is alone sufficient to render such contracts vicious. For, as equity, in matters of commerce, consists in equality, when that equity is violated, as when one of the parties gives more than he receives, the contract is vicious for want of the equity which ought to preside in it.