Abstract
During the Revolution, the deputies adopted laws that enshrined principles unpublished in relation to the legal rules that were applicable in France during the Monarchy. For example, while the Catholic religion forbade spouses to divorce, this is now allowed by the Revolution. On the other hand, the law of succession of the Ancien Régime was marked by a major feature: inequality between heirs. The boys were favoured at the expense of the girls, the elders at the expense of the puisne, the legitimate child was favoured over the illegitimate child. The Revolution abolished these benefits and imposed equality among all heirs, regardless of sex, birth order or status (legitimate or illegitimate). In addition, the MEPs are deeply reforming France’s judicial organisation. Their objective is to fight against the power of the judges, in reaction to the encroachment of the parliaments of the Old Regime on the royal legislative power, and to limit the nuisance of jurists (presumed procedural and hostile to the Revolution by the deputies).The aim of this thesis is thus to study how the citizens of the department of Hérault apply these new laws. Are they in favour of these new developments or are they indifferent to them? Does revolutionary legislation correspond to the evolution of morals or is it only guided by a political and philosophical ideal detached from popular reality?This thesis also analyzes the legality of the decisions of the arbitrators and courts to which the revolutionary deputies entrust the implementation of the reforms they are implementing in the field of inheritance and divorce. Do these individuals, suspected of being anti-revolutionary and procedural, correctly implement the MP’s reforms or restrict their scope?In order to answer these questions, the archives analysed divorce certificates, birth certificates of illegitimate children, notarial archives, arbitral awards and judgments.These documents suggest that divorce and equality of inheritance are desired by a section of the population. On this point, revolutionary legislation would correspond to certain popular aspirations. Divorce allows couples who have been de facto separated for many years to convert this de facto disunity into de jure separation. Divorce also allows many women who have been abused by their husbands to break free from their husbands by breaking their marital bond. The equality of inheritance enshrined in revolutionary law is fully implemented by the citizens. There are many inheritance distributions applying the new egalitarian principles.A particular reform, on the other hand, does not seem to enjoy the same popular reception. While the Revolution granted an unprecedented capacity to inherit children born out of wedlock, fathers of illegitimate descendants seldom acknowledged their filiation before the civil registrar. However, such recognition is necessary in order to enable children born out of wedlock to succeed their parents. Consequently, this new capacity to inherit does not appear to be in accordance with morals.With regard to the legality of court decisions, all the revolutionary reforms undertaken in the field of inheritance and divorce were being properly implemented by arbitrators and judges. The latter thus ensured the effectiveness of revolutionary law in the Hérault.