THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XXVIII ~ |
AT
WHAT AGE AND TO WHOM THE ADMINISTRATION OF THEIR PROPERTY SHOULD BE
GRANTED TO MINORS. |
|
( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
Legislators
have very properly decided that curators should be given to minors in
order to take the place of their parents, protect the weakness of their
age, and, by their diligence, preserve their estates unimpaired; but
We have thought it to be just and proper to make an addition to these
provisions. What is this defect? It is that when the curatorship is
terminated, minors cannot receive the management of their property from
the hands of the Emperor, nor obtain it except at a certain fixed age,
that is to say, males at twenty years, and females at eighteen; and
when they have arrived at this age the law provides that they shall
have full power over their estates. But
as all persons do not become competent at the same age, and it was not
possible to state in a general way that all of them could receive the
management of their property at a specified time, it was necessary to
consider, in accordance with the ability of each one, when it would
be proper to grant him or her the administration of their property.
For must it be admitted that a certain person is competent merely because
he has reached the established age, when his judgment is not yet formed;
and that another is incompetent because he has not yet reached that
age, when in fact he has the requisite wisdom and capacity? Thus as
men do exhibit great differences from one another in both moral and
physical respects, and one before the established age is already endowed
with all the force of reason, and another, even after having attained
that age, has only a weak mind, the law which prescribes this is defective.
But there are also other parts of this legislation which are imperfect.
In the first place, it is extremely difficult, not to say impossible,
for everyone to profit by its provisions. For how can those who are
separated from the Emperor by a great expanse of land or sea, without
mentioning other impediments which may arise in the course of life,
such as illness, apprehension of the treachery of enemies, broken limbs,
accidents which frequently prevent persons from appearing in the place
where the Emperor is residing, and which with good reason prevent the
undertaking of a long voyage; how, I ask, can young people, when opposed
by such obstacles, and by six hundred others which constantly beset
Our lives, succeed in obtaining from the Emperor in person the authority
to administer their property? Hence, desiring to dispose of this defect
of the law (as previously stated), We hereby decree that minors, that
is to say, males of twenty years and females of eighteen, shall have
the right to manage their own estates, as being endowed at that age
with all the discretion necessary to do this. If, however, they should
not yet seem to be competent, and when they undertake the management
of their affairs, are conscious of their incapacity, even though they
may have passed the age at which they are entitled to be independent,
this privilege shall not be granted them, for if they cannot accomplish
the object of the law, and manage their property judiciously, why should
authority to do this be conferred upon them, even though they may have
reached the age at which they are entitled to it? And, for this reason,
it should not be refused to those who have not yet attained the prescribed
age, provided they are able to conduct their business properly. There
is only one thing required by the law, which is that the property should
be well administered, and when this is assured, it is unnecessary to
take the age into consideration. Moreover, not only the Emperor, but
also the magistrate of the district where the minor resides, can grant
this right of administration, and in this way the wisdom of the legislator
provides for all who can enjoy the benefit of the law, and the latter
can be much more easily executed. |
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