THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CLXVI ~ |
CONCERNING
ADDITIONS, THAT IS TO SAY, CONCERNING THE TRANSFER OF TAXES FROM STERILE
LANDS TO THOSE THAT ARE FERTILE. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
Tenor
of This Constitution. |
Where
a deceased person, during his lifetime, and for good cause, alienated
a tract of land, an estate, or a farm, and, at his death, left the remainder
of his property to his children, or to foreign heirs, and the latter
sold a part of said property, and the purchaser who acquired it subsequently
abandoned a portion of the same, so that there would be no ground for
the transfer of the taxes to other lands, belonging to the same estate,
and which have the same origin (see Books X and XII of the Code, On
Abandoned Lands), the taxes on the deserted estate shall not be borne
by all the lands of similar character at the same time, but must first
be imposed upon any other real estate which the possessor of the same
purchased from the children or foreign heirs of the deceased; and if
the said purchaser should not be solvent, the taxes shall be paid by
the heirs of the decedent, that is to say, by the lands (derived from
the same estate) of which the said heirs are in possession; and where
said lands are not sufficient to pay them, they shall be transferred
to the other property of the deceased, which has passed into the hands
of other persons than his heirs. Thus the taxes will be transferred
to him who has bought a tract of land, or a farm of the deceased, as
We stated in the beginning. The
same rule will also apply where these lands have been conveyed to several
successors. For when the last, or most recent possessors of property
are solvent, the tax is not borne by the oldest of them in point of
time, or, in other words, the first possessors will not then be liable
for the taxes on lands abandoned by the last ones; and when there are
several heirs of the same degree and order to whom the tax should be
transferred, it shall not be distributed equally among them, but in
proportion to the property in their possession which was derived from
the same estate. |
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