Nature, everywhere inclined to the production of numerous innovations (this prelude has often been employed in legislation, but will be constantly repeated until the points to which it gives rise are finally settled), has induced Us to enact many laws. The ancient authorities deriving their opinions from the ancient law have discussed direct and collateral successions, which opinions have come down to Us; We have corrected a great many of these, and at present a question of the same kind has been proposed to Us for solution.
  (1) A certain man married a wife and had children by her, and she having died, he married another, by whom children were also born to him, who were related on the father's side, but not on the mother's; then the man contracted a third marriage, by which he also had issue, and, after his death, his widow married a second husband by whom she had children, who, instead of being related by blood on the father's side, were only related through the mother to those born to the first husband; and it happened that after the death of the mother, a brother born of the third marriage died childless, and intestate, leaving several brothers, some of whom were related on the father's side, others on the mother's side, and others again on both sides. This is, to some extent, a new case produced by Nature. We shall, under such circumstances, be permitted to provide for others, which may originate through different marriages, either by the death of the husband or that of the wife, or as the result of some other legal separation. The question to be solved is, whether all the brothers who are related on the father's or mother's, or on both sides, should be called to the succession of the deceased brother.

  Therefore, after having examined all the ancient laws which We have compiled, as well as those which We Ourself have enacted on this subject, We have not found that this question was raised; hence it is proper to settle it by means of a law, and to consider which one of the brothers was related to the deceased by the rights of cognation, which We have, in certain instances, assimilated to legal rights, for the reason that others were joined to him by these same legal ties; and formerly, when some brothers were related to the deceased through the father, and others through the mother, and still others were assisted both by Nature and by law because they were the issue of the same fathers and the same mothers, and the mark of full brothers shown upon them from every side; a brother of this kind desired to release from litigation persons entertaining a doubt as to the law, he made a will, and having thus manifested his wishes, those whom he appointed his heirs would be called to the inheritance. But as in this instance, the brother in question either was unwilling or unable to do this (for innumerable anxieties and sudden deaths are the common lot of mankind), the present law will settle the point.
  (1) It therefore provides that brothers related on the side of both father and mother are more entitled to the succession of the deceased than those who are related on the side of only one of their parents; and the singular variety of the operations of Nature does not permit Us to hesitate, but We consider this conclusion to be just, and decree that it shall prevail; as it gives the preference to full brothers, and does not suffer others, whose title is inferior, to be placed on the same footing with them.
  (2) Many reasons have impelled Us to adopt this opinion. In the first place, one of Our laws provides that if a son should die without leaving any children, and any maternal property should be included in his estate, which was not acquired by his father through a nuptial contract or in any other way, the brothers who are the issue of the same marriage shall be called to the inheritance; and after them, others born of a preceding marriage; and next, the father; which shows that Our legislation has, for a long time, approved of such a disposition. For if, during the life of the father, the brothers related through both their parents take precedence of their father, and children who are the issue of another marriage, the result is that, although the father may no longer be living, but only the brothers survive, those who are related on both sides will be preferred to the brothers who are only related to the deceased through a single parent. Hence it is proper that what has long since been settled with reference to maternal property, or that derived from a nuptial contract and which was not acquired by the father, should remain in force, and be observed, even with respect to the other property of the deceased, and this has been decreed by Us. Therefore in this instance the law shall not be altered, and, as in the case stated, there are three marriages, the unusual condition originating in Nature will offer no impediment, even if anyone should suggest that there were only two marriages, and that some of the brothers were related on the mother's side, and others related on both sides; or where the objection was made that there were more than three marriages. This constitution shall be applicable to all cases of this kind where there are several kinds of brothers; and We decree that those who are related to the deceased on both sides shall exclude those who are only related to him on one.

  Where, however, this is not the case, but another arises where a brother, when dying, leaves brothers only on his mother's, or on his father's side, in this instance, the question must be decided by former laws which have treated of their successions. This law is not only applicable to this case, which has given rise to the question, but also to all others which may occur hereafter. Where, however, there are other cases which have already been disposed of either by a judicial decision or a compromise, they shall be finally terminated, and the relief granted by this constitution will be of no advantage to them.

  Your Eminence will, by means of suitable letters, hasten to communicate to all persons the matters which We have seen fit to include in this Imperial Constitution, and see that they are observed for all time.