How did the French marriage and family law evolve during the Ancien Régime, and what were its main characteristics?

During the Ancien Régime, French marriage and family law underwent significant changes, reflecting the broader social and political developments of the time. Before the 16th century, French law was largely based on Roman law and canon law, and marriage was considered a private contract between two individuals. However, over time, the Church and the state became increasingly involved in regulating marriage and family life, leading to a more complex and restrictive legal framework.

One of the most significant changes occurred in 1563, when the Council of Trent established strict rules for marriage, requiring it to be performed publicly and with witnesses. This marked the beginning of a shift towards state regulation of marriage, which continued throughout the Ancien Régime. Under Louis XIV, for example, the Code Louis mandated that all marriages must be registered and that the parties involved must meet certain age and legal requirements.

French family law also evolved during this period. Until the 18th century, the father had absolute authority over his family, with the power to decide on matters such as education, marriage, and inheritance. However, this began to change with the growth of the bourgeoisie and the emergence of new ideas about the rights and responsibilities of individuals. In 1789, the French Revolution led to significant reforms in family law, including the abolition of primogeniture and the establishment of equal inheritance rights for all children.