THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  CX  ~
A WOMAN AFTER HER MARRIAGE HAS BEEN DISSOLVED SHOULD DRAW UP AN INVENTORY CONTAINING HER DOWRY, THE ANTE-NUPTIAL DONATION, AND ALL THE REMAINING PROPERTY OF HER HUSBAND ; AND HAVING PRODUCED IT, CAN ASK TO BE INDEMNIFIED FOR ANY LOSS TO HER PROPERTY WHICH SHE HAS SUSTAINED AT THE HANDS OF HER HUSBAND, BUT IF SHE FAILS TO FILE SUCH AN INVENTORY, OR OFFER CONVINCING PROOF OF HER ALLEGATIONS, SHE CAN NEITHER CLAIM NOR RECOVER ANYTHING.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 

  Among many other judicious provisions enacted by the ancients with reference to marriage, they have done well to establish the following rule, namely, that a woman, after the dissolution of her marriage, cannot arbitrarily take and hold her husband's estate, but if any controversy should arise concerning said estate, she must, in the first place, publish an inventory of her dowry, of the donation made in consideration of marriage, as well as of all the property belonging to her husband found after his death; and then if it should be proved that he has used up a part of said dowry, she can recover it out of his estate. As all this, I say, has been justly and equitably settled by the ancient authorities (although their regulations are no longer in force), and as Our intention is to profit by their wisdom, We absolutely renew the said rule, and decree that, hereafter, the widow shall make an inventory of her dowry, of the ante-nuptial donation, and of all the property of her deceased husband, in order that, if suit should be brought against her on account of said property and she should wish to be indemnified for any loss which she may have sustained, the evidence of the justice of her claim can be found in this inventory, and she may be authorized to retain the estate of her husband; provided it is established that the value of her property as shown by the inventory has been diminished by his expenditures; and if she does not do this she cannot present any claim, or obtain anything which she may demand. We finally decree that the said inventory shall be drawn up within three months, and if this is not done, that the fine prescribed by the ancient authorities against guardians shall be collected in such cases.