THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ XCII ~ |
CONCERNING IMMENSE DONATIONS MADE TO CHILDREN. |
|
( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
The
Emperor Justinian to John, Most Glorious Praetorian Prefect of the East,
Twice Consul and Patrician. |
PREFACE. |
We
have recently enacted certain legislation having reference to the Falcidian
Law and its portion, and have made no unimportant addition to it, for
the reason that its provisions were inequitable, and it did not please
Us; still, it is necessary to give preference to children whom the father
may wish to favor, not, however, to such an extent as to render the
diminution suffered by others intolerable. |
CHAPTER I. |
Therefore,
as the law enacted by Us remains in full force. We desire that if anyone
should make an immense donation to one or more of his children it will,
in the distribution of the estate, be necessary to reserve for each
one of them the share to which he or she was entitled by law before
the father made the donation to the child or children whom he honored
in this way. Hence, those who obtain their lawful share of the whole
of their father's estate cannot claim any of the donation, but the shares
of the children will be increased in proportion to the value of said
estate, as it was before it was exhausted by the donations; the children
to whom they were given cannot allege that they are content with these
immense gifts, and that they will not claim their father's estate; and
while it is true that, if satisfied with the donations, they cannot
be compelled to accept the estate, still they will be forced to make
up to their brothers the share which We have decreed by Our law, in
order that the excessive amounts of the gifts may not deprive the lawful
heirs of that to which they are legally entitled, especially where a
father who acts wisely and judiciously towards all his offspring is
allowed to give more to the children for whom he entertains greater
affection, but not to injure others by the immensity of his donations,
as well as to disobey Us. And, indeed, this was Our idea from the beginning.
But as We have allowed this parental injustice to continue for a considerable
time, now that We have become more familiar with the human mind, and
have seen parents give way to their passions, We make this addition
to Our preceding laws. (1) We decree that this rule shall apply to children who have shown proper respect to their parents, but not to those whom their father reproaches for veritable ingratitude. For if he should appear to suffer from it, and the existence of ingratitude should be established, what has been proved by the law with reference to ungrateful children shall remain in full force, and shall not be changed in any respect. |
EPILOGUE. |
Your
Highness will hasten to provide for the execution of what We have been
pleased to set forth in this Imperial Law. |
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