It has come to Our knowledge that certain persons have, without good reason, doubted whether what We have decreed concerning children begotten before the execution of the dotal contract should have a retroactive effect, and be applicable to preceding litigation which had not yet been terminated by either judgment or compromise. We very clearly recall that when We enacted the laws with reference to this subject We expressly directed in a former constitution that it should apply to previous cases which had not been decided or disposed of by compromise, whether the fathers were living or not; and subsequently We published another constitution supplementary to the first one, by which We declared that the provisions already established in favor of children born before the dotal contract was drawn up should be observed, and that such children should be considered legitimate, whether there were none born after the contract, or whether, having been born, they were no longer living; and We added to this constitution that its provisions should relate back to former times, and We only excepted from its application such cases as had been terminated by judicial decree or compromise. After the enactment of these two laws, certain audacious persons tried to change their meaning and give them a false interpretation, which compels Us to promulgate a third law, providing that where a man who was married to a lawful wife had children by her, and, after the dissolution of his marriage, brought about either by the death of his wife or by her repudiation, he had children by another woman whom it was lawful for him to marry, but with whom he did not contract marriage until after the birth of said children, the latter shall be legitimate. But, for the reason that We did not insert in this third constitution, or in the two preceding ones, that they would apply to lawsuits not yet terminated; certain individuals have thought that We did not intend them to have a retroactive effect in favor of children born before their publication, for they said that this retroactive effect is clearly stated in the first and second constitution of Our Code. This opinion We consider to be absurd. For We very properly omitted this in the first and second laws, and did not include it in the third; since, though in special enactments, it may be necessary to expressly mention their retroactive effect, We did not insert this clause in another law which was only a repetition of a former one, in order that the Code might not be encumbered with a multitude of superfluous provisions. We did not insert in the third constitution anything with reference to the time when it would become operative, for the reason that it is understood that one law which is interpretative of another is dependent upon the one to which it relates.

  We have enacted this law for the purpose of disposing of the objections raised by certain persons who are constantly employed in contention, and who adopt erroneous opinions; again ordering that the three constitutions aforesaid shall be observed, and shall have a retroactive effect so far as the cases on account of which they have successively been promulgated are concerned, that is to say, whether the fathers of children of this description are still living, or whether they are dead; all cases terminated before the enactment of these laws by either compromise or judgment solely being excepted.

  It is Our pleasure that Your Highness shall provide for the publication of the present law.