Such matters as are invariable do not require new legislation, for as they are simple, and not susceptible of change, they always remain the same, and being governed by eternal laws, are in need of no amendment. But whatever is subject to constant variation requires the exercise of controlling wisdom, which is obtained by means of laws; wherefore, as We are not loth to administer justice, We settle many questions brought before Us by different persons, and in disposing of such as We find ambiguous, We generally determine them by Our legislation as may be necessary. Hence as it appears that former legislators made certain divisions of the subject which will be hereinafter treated, We deem it advisable to render this more simple by means of a moderate law, which shall be operative from this day, but shall not be applicable to anything which has already been decided; for We do not hesitate to enact other laws when they are better than those already existing, whose purpose is the same. When a husband or a wife does not marry again, he or she retains the property acquired by marriage, and it is united to his or her estate; while if either one of them should marry a second time the said property belongs to the issue of the first nuptials. We now intend to annul this inconsistency by means of a simple and a better law. For as the husband or the wife who marries a second time preserves for the issue of the first marriage the ownership of the property which he or she has obtained by either the death or the repudiation of her consort (for the person who marries again may happen to have children by his or her second marriage), is it not unjust that married persons who, at their death, leave legitimate offspring, instead of preserving for them the property which they have acquired from their deceased parents, should have the right to transfer this property to strangers? For, indeed, what is more precious to parents than children who are not ungrateful?

  Therefore We order that if the wife should die, and the husband acquire the dowry, he must preserve it intact for her children, whether he contracts a second marriage or not; and, on the other hand, if the husband should predecease his wife, We desire that the latter should preserve for their children the property obtained by the ante-nuptial donation. Consorts, however, shall be entitled to the usufruct of nuptial property, and it is only the ownership of the same which shall be preserved intact for their offspring. The legislative provisions formerly enacted with reference to parents who marry a second time are hereby confirmed. Those included in the present law shall become operative from this day and for all future time, no matter in what way the marriage may be dissolved; and they shall also be applicable to marriages already dissolved either by death or otherwise, when either the husband or wife is still living. For where both of them are dead, We do not grant the benefit of this rule to their heirs, as what relates to them is at an end, and We leave them subject to the control of the ancient enactments. It is certain that whenever there are children, and the law gives them a right to the ownership, they can acquire this ownership as well as other accessories and benefits by succession, as has been provided with reference to issue of the first marriage, who, where their parents marry again, have certain advantages conferred upon them by the laws.

  We have also considered it necessary to dispose of a point which has been brought to Our attention, for as husbands and wives sometimes enter into agreements among themselves by means of which they fraudulently deprive their children of what they have obtained by their marriage, thereby reducing them to want, We have decided that it is absolutely necessary to enact a more stringent law on this subject, in order that the fear of punishment may deter persons from dissolving their marriages with a view to profiting by unjust gains, and neglecting their own children.
  (1) For when a marriage is dissolved by consent or in any other manner, and there are no children, the preceding regulations shall remain in force; but if there are any children, what We are now about to enact shall be observed. For where parents, without feeling any compunctions in reducing their children to poverty, either voluntarily or by force enter into an agreement; as, for instance, the husband is to blame and he places himself in a position to forfeit the ante-nuptial donation, or when the wife runs the risk of losing her dowry, the husband shall not be entitled to the dowry, nor the wife to the antenuptial donation; but as soon as the loss of either of these takes place, the ownership of the property shall vest in the common children, and the usufruct of the same shall alone remain with the parents who are separated, and whichever one obtains it shall be obliged to support the children born of the marriage, and to provide them with all the necessaries of life, in proportion to the value of the property in question.
  (2) We, however, are aware that whenever a marriage is dissolved by common consent, although the ante-nuptial donation reverts to the husband who stipulated to bestow it, and the dowry to the wife for whose benefit it was constituted, and they give one another a large amount of gold to which they are entitled, for example, by way of indemnity, or on some other ground, in such a way that this donation cannot be regarded as a gain resulting from marriage; under such circumstances it is not preserved for the benefit of the children in accordance with the laws on this subject, but the money is given by the husband as if derived from a foreign source, in order that the benefit of the same may be solely enjoyed by the person who receives it. Therefore, with the intention of correcting the abuse and injury resulting from a fraud of this description, We decree that whenever it takes place and any profit is obtained by either of the parties, the money shall also be preserved for the children, the ownership of the same shall be immediately acquired by them; and the husband or wife who receives it shall only be entitled to the usufruct. Thus married persons will be induced to abstain from all fraud and every unreasonable desire of prejudicing the rights of their children, so that they can neither voluntarily, nor against their will, be able to injure them, but they will remain chaste, and preserve that marital affection which it is proper for those who are once united in matrimony to entertain for each other. This law abounds in chastity, it is consistent with good morals, and has for its object the promotion of the love which fathers and mothers should bear to their children, and provides that the property which their parents do not voluntarily leave them shall be preserved for them by this means, with the sanction of God who is the common Father of all men, that is to say, is invested with universal dominion. Under these circumstances, the provisions which have long been established with reference to profits and successions are confirmed, as We do not make any changes in them except such as are expressly set forth in this Constitution.

  Your Highness will hasten to carry into effect what We have been pleased to enact by this Imperial Law.