THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XXIV ~ |
NATURAL
CHILDREN CANNOT CONTRACT MARRIAGE WITH OTHERS WHO ARE ADOPTIVE. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
Many
persons who are accustomed to praise former times desire to give them
the credit of having enacted and established better laws; and I am well
aware that in many respects their laws are superior to those which have
subsequently been adopted; but I also know that in some instances they
are inferior. There are, indeed, not a few of them that are more beneficial,
among which those concerning adoption should be included. Adoptions
formerly were devoid of pomp or ceremony, and took place without sacrifices
or any sacred melodies, and the law permitted those who desired to be
adopted to do so in an extremely informal manner. The result of this
was that the name of sister was frequently changed into that of wife;
that of daughter into that of daughter-in-law; that of son into that
of son-in-law; and then adoptive sons or daughters contracted matrimonial
alliances with their natural brothers or sisters, which could take place
because the service of the Church not being employed in adoption, no
hindrance was offered to them. But although marriage was, under such
circumstances, considered to some extent disgraceful, *there was nothing
criminal about it, since adoption was accomplished without any religious
rites. But at present, as it is accompanied with all due solemnity,
as as the names of adoptive father and son are bestowed during the holy
sacrifice, there is no longer any reason why marriage between natural
and adoptive children of the same father should be permitted. Hence,
We decree that those who become brother and sister by adoption can not
change this relationship through matrimonial union. |
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