THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XIX ~ |
CONCERNING
THE CONTRACT OF A FATHER BY WHICH A SON BECOMES ENTITLED TO A SHARE
OF HIS ESTATE EQUAL TO THAT OF THE OTHER HEIRS. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to Stylianus, Most Illustrious Master of the Offices. |
It
is not with the intention of treating with contempt the acts of others,
as We have previously stated, nor because We are actuated by the desire
to obtain greater glory, that We devote Our attention to the amendment
of the laws; but in order that We may abolish what is not advantageous
to Our subjects, as far as this can be done, being aware that a just
system of laws is the greatest essential of a good administration, for
he who declared that the laws are the eyes of government, in my opinion,
gave utterance to a statement which was in no wise improper. For as
it is absolutely necessary for an animal to have eyes which are steady,
so legislation must be just and equitable. Therefore, bearing this in
mind, and knowing that there was a law in the Code which is so absurd
that it has never been accepted by the minds of men, but has no force
or effect, as it is opposed to the natural equality which should be
displayed by parents with regard to their children, authorizing them
to be unjust to some of them, and enabling them to be guilty of fraud
and bad faith in case they wish to do so; and, as I have stated, being
aware that there is a law of this kind, although it was not observed
even before Our sanction was accorded it, We, nevertheless, are of the
opinion that it is Our duty to repeal its authority and use by means
of a decree. But what does it say? It provides that a father, when he
gives his son in marriage, and
promises to make him the heir to his estate at his death, on the same
footing with his brothers, and leave him a share of the other equal
to that of each of them, can not break this promise even if he desires
to do so, and give more to his other children than to him. But as this
law is never observed anywhere in the Empire, We hereby repeal it absolutely,
and decree that a father can not change the promise that he made to
his son when he was married, to give him a share of his estate equal
to that of each of his other children. Every provision made by him which
would have a tendency to violate his promise, and diminish the share
aforesaid, shall be considered void, and of no effect; and his son shall,
in every instance, succeed to the estate on the same footing with his
brothers, in accordance with the terms of the contract. For, under no
circumstances, shall falsehood be preferred to truth, nor is it just
or consonant with reason for an agreement to be wickedly disregarded.
But, on the other hand, it is far more worthy of a father to keep his
word, unless, substituting falsehood for truth and acting in an irrational
manner, he wishes to deprive those things which are founded upon reason
of their principal attribute. Again, it is not right for a parent not
to manifest the same affection for all the children born to him, and
not make provision for their lives in an equitable manner, but to bestow
a larger share upon some than upon others, without showing due consideration
for the latter, although he knows that they will hereafter live in want.
But it is proper that all his children should be justly provided for
by receiving an equal distribution of his estate, and not that more
should be given to some than to others, in accordance with the degree
of affection with which he may regard them. |
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