THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  CXXVII  ~
BROTHERS' CHILDREN SUCCEED JUST AS BROTHERS DO, EVEN WHEN THERE ARE ASCENDANTS LIVING. THE RIGHTS OF WOMEN ARE NOT PREJUDICED FROM THE FACT THAT THE ANTE-NUPTIAL DONATION WAS NOT RECORDED, BUT WHERE THE HUSBAND DOES NOT OBSERVE THIS FORMALITY HE WILL GAIN NO PROFIT FROM THE MARRIAGE IF HE DEMANDS IT. WOMEN WHO DO NOT MARRY A SECOND TIME ARE ENTITLED TO THE OWNERSHIP OF A SHARE OF THE ANTE-NUPTIAL DONATION EQUAL TO THAT OF ONE OF THEIR CHILDREN. THE PENALTIES TO WHICH BOTH HUSBAND AND WIFE ARE LIABLE SHALL BE THE SAME WHEN NOTICE OF REPUDIATION IS SERVED WITHOUT REASONABLE CAUSE.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
The Same Emperor to Bassus, Praetorian Prefect.
PREFACE.
  We do not hesitate to amend Our laws whenever We find this to be advantageous to Our subjects. We remember to have enacted one by which We ordered that where a person, when dying, left brothers, and children of another predeceased brother, the children of the latter, as representing their father and entitled to his share, were called to the inheritance on the same terms with the brothers. Where, however, the deceased left an ascendant, as well as full brothers, and the children of a brother who was dead, the brothers were called to the succession along with the ascendants, and the children of the deceased brother were excluded.
CHAPTER I.
   
THE CHILDREN OF BROTHERS SHALL BE CALLED TO THE SUCCESSION
EVEN WHERE THERE ARE SURVIVING ASCENDANTS OF THE FIRST DEGREE.
  Therefore We justly amend this provision, and order that where anyone at the time of his death leaves an ascendant, as well as brothers who can be called to the succession along with their parents, and children of another predeceased brother, the latter shall be called along with the ascendants and the brothers, and shall be entitled to the same share of the estate as their father would have obtained if he had been living. We make this provision with reference to the children of a brother whose father was related to the deceased by both father and mother. We decree this absolutely, and direct that the same order shall be observed when the children of brothers are called to the succession with brothers alone, or when ascendants are called along with these same brothers. This provision shall be observed from the Kalends of January of the eleventh indiction.
CHAPTER II.
   
WHEN A DONATION IN CONSIDERATION OF MARRIAGE SHOULD BE RECORDED.
  Being of the opinion that the subject of this chapter also should be amended, We constitute it a part of the present law. Experience has taught Us that it is advantageous for women that ante-nuptial donations should be recorded in the Bureau of Public Documents, in order that if the original instruments should be destroyed (which may very easily occur) the evidence will always remain upon the marriage register; and We order that the husbands themselves, or those who have drawn up the ante-nuptial donations shall, when these donations amount to more than five hundred solidi, have them recorded, that is to say, in this Royal City, in the Bureau of Public Documents in the office of the Superintendent of the Census, and in the provinces, in the office of the Defender of each town, or in that of those through whose hands documents of this kind should pass. Where, however, the husband did not cause the ante-nuptial donation to be recorded, We order that it shall become operative so far as the woman is concerned, and that when the time for payment of the donation arrives, that is to say, of a portion of the same, she cannot be opposed on the ground of the failure to record it. When, however, the dotal agreement and the execution of a portion of it gives the husband a right of action for the recovery of the dowry, or even of a part thereof, We order that he shall be deprived of the same when he has not caused it to be recorded in the Bureau of Public Documents, as has just been stated; for when men can have their donations recorded, it seems to Us absurd that the risk resulting from the failure to do so should be incurred by their wives.
CHAPTER III.
   
A WOMAN WHO DOES NOT CONTRACT A SECOND MARRIAGE
SHALL BE ENTITLED TO AS MUCH OF THE ANTE-NUPTIAL DONATION
AS ONE OF HER CHILDREN.
  As We think that women who do not contract second marriages are worthy of a larger share than those who do, We order that where a woman who has lost her husband refrains from marrying again, she shall, as formerly, have the usufruct of the ante-nuptial donation, as well as the ownership of a share of the same, equal to that of one of her children; so that, under these circumstances, she shall be held to occupy the place of a child. We decree that this rule shall apply not only to mothers, but also to fathers and other ascendants who do not contract second marriages.
CHAPTER IV.
   
MARRIAGE SHALL NOT BE DISSOLVED WITHOUT CAUSE.
  As We long since introduced a law forbidding men and women to serve notice of repudiation upon each other, and to dissolve their marriages (unless for some cause that the law referred to permits), and as We punished persons who violate this provision, We are now about to make a change with reference to the penalties incurred, and We hereby decree, by way of amendment, that no distinction shall exist between those to which the man and the woman are liable, who presume to give notice of repudiation without good cause; but We desire that men who do this shall be subject to the same penalty which women incur when they dissolve their marriages without the causes authorized by Our law; and that the penalty shall be equal for both parties, for We think that it is only just for them to undergo the same punishment when they commit the same offence.
EPILOGUE.
  Therefore Your Glory will publish this general law to the inhabitants of this city and the provinces, by means of formal edicts, in order that no one may be ignorant of what We order for the common welfare.
  Given at Constantinople, on the Kalends of September, during the twenty-second year of the reign of Our Lord the Emperor Justinian, and the seventh after the Consulate of Basil.