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Robert Joseph Pothier

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Robert Joseph Pothier (9 January 1699 to 2 March 1772) was a French jurist who served as judge of the Presidial Court of Orleans for fifty-two years after his appointment in 1720. He wrote scholarly treatises on Roman law, including the Pandectae Justinianae in novum ordinem digestae (1748 to 1752), as well as specialized works on French contract law covering obligations, sales, leases, partnerships and loans, published mainly between 1761 and 1770. Much of his work was incorporated almost textually into the French Code Civil, making him a foundational influence on the Napoleonic law reforms, and he devised a rule limiting recovery for improper performance of a contractual obligation to damages that were foreseeable, a principle that endures in contract law in England and the United States.

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