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. |
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( 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.
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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. |
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