Hugues Doneau
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Hugues Doneau, commonly referred also by the
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
form Hugo Donellus (23 December 1527, in Chalon-sur-Saône – 4 May 1591, in
Altdorf bei Nürnberg Altdorf bei Nürnberg (, ) is a town in south-eastern Germany. It is situated 25 km east of Nuremberg, in the district Nürnberger Land. Its name literally means “Altdorf near Nuremberg”, to distinguish it from other Altdorfs. History A ...
), was a French
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
professor and one of the leading representatives of French legal humanism ( mos Gallicus).


Life

Doneau, who was born into a well-respected family, studied law in
Toulouse Toulouse ( , ; oc, Tolosa ) is the prefecture of the French department of Haute-Garonne and of the larger region of Occitania. The city is on the banks of the River Garonne, from the Mediterranean Sea, from the Atlantic Ocean and from Pa ...
and Bourges. Bourges was then a center of legal humanism and
François Douaren François Douaren (or le Douaren) (also sometimes spelled ''Duaren''; Latin: Franciscus Duarenus) (1509, near Saint-Brieuc – 1559, Bourges) was a French jurist and professor of law at the University of Bourges. After studies in Paris under Bud ...
(Franciscus Duarenus), one of the most famous members of this movement was among Doneau's teachers at Bourges. In 1551, Doneau received a doctorate from the University of Bourges and began teaching there. However, because of his
Calvinist Calvinism (also called the Reformed Tradition, Reformed Protestantism, Reformed Christianity, or simply Reformed) is a major branch of Protestantism that follows the theological tradition and forms of Christian practice set down by John Ca ...
confession, Doneau had to flee to
Geneva , neighboring_municipalities= Carouge, Chêne-Bougeries, Cologny, Lancy, Grand-Saconnex, Pregny-Chambésy, Vernier, Veyrier , website = https://www.geneve.ch/ Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevr ...
after the St. Bartholomew's Day massacre in 1572. Doneau accepted a call from the Reformed Elector Palatine Frederick III to a professorship at
Heidelberg Heidelberg (; Palatine German language, Palatine German: ''Heidlberg'') is a city in the States of Germany, German state of Baden-Württemberg, situated on the river Neckar in south-west Germany. As of the 2016 census, its population was 159,914 ...
and assumed the post in early 1573. Doneau, however, would have to relocate again in 1579 because Heidelberg and the surrounding
Electoral Palatinate The Electoral Palatinate (german: Kurpfalz) or the Palatinate (), officially the Electorate of the Palatinate (), was a state that was part of the Holy Roman Empire. The electorate had its origins under the rulership of the Counts Palatine of ...
were converted to the
Lutheran Lutheranism is one of the largest branches of Protestantism, identifying primarily with the theology of Martin Luther, the 16th-century German monk and Protestant Reformers, reformer whose efforts to reform the theology and practice of the Cathol ...
confession by Frederick's successor Louis VI (r. 1576-83), and the elector required subscription to the
Formula of Concord Formula of Concord (1577) (German, ''Konkordienformel''; Latin, ''Formula concordiae''; also the "''Bergic Book''" or the "''Bergen Book''") is an authoritative Lutheran statement of faith (called a confession, creed, or "symbol") that, in its tw ...
. Doneau then moved to the newly founded
Leiden Leiden (; in English and archaic Dutch also Leyden) is a city and municipality in the province of South Holland, Netherlands. The municipality of Leiden has a population of 119,713, but the city forms one densely connected agglomeration wi ...
, but in 1587, the political circumstances forced him into exile for the third time: Doneau had to leave Leiden in 1588, because of his sympathies for Robert Dudley, 1st Earl of Leicester. Doneau returned to Germany and became professor of law at the Altdorf Academy (the university of the
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of
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). He died in Altdorf in 1591. Doneau was one of the French jurists who followed the example of
Andrea Alciato Andrea Alciato (8 May 149212 January 1550), commonly known as Alciati (Andreas Alciatus), was an Italian jurist and writer. He is regarded as the founder of the French school of legal humanists. Biography Alciati was born in Alzate Brianza, n ...
(Andreas Alciatus) and applied the methods of
Renaissance humanism Renaissance humanism was a revival in the study of classical antiquity, at first in Italy and then spreading across Western Europe in the 14th, 15th, and 16th centuries. During the period, the term ''humanist'' ( it, umanista) referred to teache ...
to law. However, while many of the followers of this so-called mos Gallicus (French method) concentrated on a critical evaluation of the texts in the
Corpus Iuris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
, Doneau was more interested in the construction of a coherent system of law. His best known work ''Commentarii de iure civili'' (''commentaries on the civil law'') (in part edited posthumously by
Scipione Gentili Scipione Gentili ( la, Scipio Gentilis; 1563 – August 7, 1616) was an Italian law professor and a legal writer. One of his six brothers was Alberico Gentili, one of the fathers of international law. Born at San Ginesio, Scipione Gentili left I ...
) is one of the first attempts to organise the subject matter of
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
in a logical order rather than according to the sequence of the books and titles of the Digest. Doneau also made major contributions to various specialised areas of law such as the doctrine of possession and acquisition of ownership.


Works

* ''Commentaria in tit. Pandectarum de usuris, nautico fonere, de fructibus, causa et accessionibus et de mora'', Paris 1556 ** * ''Ad legem Justiniani de sententiis quae pro eo quod interset proferuntur, sive de eo quod interest'', liber Paris 1561, Neustadt 1580, Altdorf 1589, also published as ''a Donello recognitus'' (Ap. Carterium 1596, Leiden 1630) ** * ''Commentaria Ad tit. Dig. De rebus dubiis'', Bouges 1571, Antwerp 1584 * ''Commentaria Ad tit. Cod. De pactis et transactt.'', Bouges 1572, Paris 1573, Colonia 1574 * ''Zachariae Furnestri Defensio pro justo et innocente tot millium animarum sanguine in Gallia effuso adversus Molucii calumnias'', 1573, 1579 * * ''Commentaria ad tit. Inst. De actionibus'', Antwerp 1581, 1596, 1620 * ''Tractatus de pignoribus et hypothecis'', Frankfurt * ''Tractatus de aedilitio edicto, evictionibus, et duplae stipulatione, de probationibus, fide instrumentorum et testibus'', Frankfurt * ''Commentaria Ad tit. Dig de rebus creditis seu munto, de jurejurando, de in litem jurando, condictione ex lege, triticiaria, et de eo quod certo loco'', Antwerp 1582, Frankfurt 1626 * ''Commentaria Ad Codicis Justinianei partes quasdam'', 1587 ** ** * ''Commentaria Ad tit. Digestorum de diversis regulis juris'', Antwerp * ''Commentaria Ad tit. Dig. De Verborum obligationibus'', Frankfurt 1599 * ''Commentarium de jure civili viginti octo, in quibus jus civile universum singulari artificatio atque doctrina explicatum continetur'', Frankfurt 1595, 1596 * ''Hugonis Donelli opera postuma et aliorum quaedam'', ex biblotheca Sciponis Gentilis, Hannover 1604 * ''Opera cur. e Barth. Franc. Pellegrini'', published together in Luzern 1762-1770 in 12 volumes. ** * ''Commentarii de iuri civili'' ** ** ** ** * ''Commentarii in selectos quosdam titulos Digestorum'' ** **


References

* K. Stapelfeldt, Jan Schröder: "Hugo Donellus", in: Gerd Kleinheyer, Jan Schröder (Eds.): Deutsche und Europäische Juristen aus neun Jahrhunderten. 4th ed. Heidelberg 1996, , pp. 112– 115 * * Gabor Hamza, "Le développement du droit privé européen", ELTE Eötvös Kiadó, Budapest 2005. 94-95. pp. * Gabor Hamza, "Entstehung und Entwicklung der modernen Privatrechtsordnungen und die römischrechtliche Tradition", ELTE Eötvös Kiadó, Budapest 2009, 282-283. pp. * Gabor Hamza, "Origine e sviluppo degli ordinamenti giusprivatistici moderni in base alla tradizione del diritto romano", Andavira editora, Santiago de Compostela 2013, 270-271. pp.


External links


''Opera Omnia'', tomus 1
(''Complete works'', volume 1) {{DEFAULTSORT:Doneau, Hugues 1527 births 1591 deaths 16th-century French lawyers Heidelberg University faculty Leiden University faculty People from Chalon-sur-Saône