THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXVIII ~ |
THE
CONSTITUTION OF THE MOST HOLY EMPEROR CONCERNING THE SUCCESSION TO PROPERTY
OBTAINED BY MARRIAGE, WHICH TREATS OF WHAT ARE CALLED APAEDIES, THAT
IS TO SAY, THE ESTATES OF DECEASED CHILDREN. IT SHALL BECOME OPERATIVE
IN CASES WHICH MAY ARISE AFTER ITS PROMULGATION, BUT THE CONSTITUTION
OF LEO SHALL BE APPLICABLE TO THOSE WHICH HAVE ALREADY OCCURRED. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
Interpreted by Antonius Contius. |
PREFACE. |
We are aware
that a Constitution of Leo, of pious memory, has been enacted with reference
to persons who contract second marriages, whether they be men or women,
by whose provisions the nuptial property of the first marriage is carefully
preserved for the issue of the same, and stipulates that the parent
shall only be entitled to the usufruct of it; but the said constitution,
while reserving the ownership of the property for the children, directs
that if all the children or grandchildren should die without leaving
any survivor, through whom the parent who has married a second time
may be deprived of said property, then the ownership of it shall be
reunited with the usufruct of which the parent already has the enjoyment. |
CHAPTER I. |
We
have recently amended this constitution by enacting other provisions,
being desirous that the heirs of deceased children or grandchildren,
whether they be relatives or strangers, shall receive some benefit from
their appointment, and acquire, by the right of ownership, whatever
would be obtained by the surviving parents because of the death of the
children, in accordance with the terms of the agreement where there
are no survivors; but that the residue shall go to the heirs of the
deceased children or grandchildren, without any change being made by
Us with reference to the usufruct. (1) We wish this constitution to take effect now and for all time, except Where the children have died before it was promulgated. For when the property obtained by marriage has, through the death of the children, entirely come into the hands of the parent who has married a second time, and this occurred before the law was enacted by Us, the latter will have no force, and will only become operative in cases to which the Constitution of Leo is applicable. Hence parents who have married a second time will, under such circumstances, solely be entitled to what they would have acquired by the death of their children or grandchildren; but if any property should have passed into the hands of a third party, they can recover it under the law which applies to owners. Thus, by briefly recapitulating these laws, We resolve any doubts to which they may have given rise, in order that We may no longer be annoyed with such matters; and, returning to the subject by a general law, We dispose of all difficulties; desiring the legislation which preceded that introduced by Us to remain applicable to such preceding cases as are entitled to its benefit. |
EPILOGUE. |
Your
Excellency will take measures to have this law communicated to all persons
by means of suitable proclamations and notices. |
Given
on the eighth of the Kalends of June, during the twelfth year
of the reign of Justinian, and the Consulate of John. |
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