THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XXXVII ~ |
A
SLAVE WHO IS MANUMITTED BY THE WILL OF HIS MASTER HAS TESTAMENTARY CAPACITY,
EVEN IF HE DOES NOT KNOW THAT HIS MASTER IS DEAD AND THAT HIS ESTATE
HAS BEEN ENTERED UPON. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
We
correct the present law, which is imperfect, by adding a suitable amendment
thereto. It declares that when a slave is not aware that he has obtained
freedom under the terms of his master's will, and he receives it without
knowing in what way this has been accomplished, he shall not be deprived
of it in spite of his ignorance, but shall live in freedom, yet will
not have the right to make a will as if he was free, for this law appears
to regret having allowed him to enjoy the liberty which it conferred
upon him in perpetuity. But
if he has not the power to dispose of his estate by will as a freeman,
why does he not return to his former condition of servitude? Therefore
We decree that when the law gives him liberty, it must also bestow upon
him all the privileges attaching thereto; for is it necessary to forbid
him what a freeman is allowed to do, when the law has decided that he
is worthy of freedom; and if he is worthy of it, why should he not be
considered competent to enjoy its privileges? Hence, a slave who has
received his liberty shall actually be free, and can, in whatever way
seems to him proper, dispose of anything which his master gave him,
no matter how valuable it may be; for it is not just for one who has
publicly received the benefit of freedom to be exposed to disgrace,
and deprived of testamentary capacity, on account of some ill-founded
suspicion. |
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