THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XIII ~ |
CONCERNING
PERPETUAL EMPHYTEUSIS. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to Stephen, Most Holy Archbishop of Constantinople, and
Universal Patriarch. |
It has come to
Our ears that the officials having charge of houses consecrated to God,
that is to say churches, hospitals, and asylums intended for the support
of widows and orphans, are in the habit of fraudulently and illegally
extorting money from the tenants to whom they have leased these buildings.
It is stated that when the leases have expired and renewal is in question,
instead of being content with the fixed rent which is due to them, the
said persons exact sums to the amount which their avarice may suggest.
Therefore, as extortion of this kind is very burdensome to all lessees,
and especially cruel to the poor who are thereby reduced to dire extremity,
We expressly forbid it by this law, and prohibit Our officials, under
such circumstances, from collecting more than double the sum stated
in the emphyteutical contract; everything which they exact over and
above the former rent shall be set forth in the lease; and, moreover,
they shall not make any change in the building leased that is rather
for their own benefit than for the usefulness of the said building. |
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