THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XXXIX ~ |
A
SPENDTHRIFT CAN DISPOSE OF HIS OWN PROPERTY. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
No
mortal is so perfect as not, occasionally, to involve himself in difficulties;
nor is anyone, if I am not mistaken, so lacking in intelligence as not
frequently to do things to his own advantage. God does not permit anyone,
who is always confident in his ability, to act in such a manner as to
be free from blame; and He, on the contrary, as He is the Curator of
His own creatures, permits persons of weak minds to fail, through imprudence,
in everything that they attempt. I have mentioned these matters, having
in mind the rule which forbids a spendthrift under any circumstances
to plan or execute anything with reference to his own property. This
law is, however, of too general a character, and it is necessary, after
examining the actions of the spendthrift, to hold that all that he has
done which is useless is void, and everything that redounds to his benefit
is valid. The law, however, does not prescribe anything of this kind,
but absolutely deprives the spendthrift of the power of transacting
his own business. We, however, thinking that this is unreasonable, and
having repealed the law, do hereby decree that everything that a spendthrift
may do which is unreasonable,
and which tends to establish his wastefulness, shall not be considered
as worthy either of approval or confirmation ; but that, on the other
hand, everything that he does which is advantageous, shall be accepted
as proper and not be reproved. For if spendthrifts either leave their
estates to their necessary heirs, or distribute them among the poor,
or deliver their slaves from the cruel restraints of servitude, what
course shall be pursued; and because the testator is a spendthrift,
must it be held that he ought not to be permitted to perform such acts?
And if he should have an unprofitable tract of land, and someone else,
who wishes to correct his vice, purchases said land for more than it
is worth, and prevents him from suffering loss, shall his character
as a spendthrift prevent him from consulting his own interest, and taking
advantage of a good bargain? I do not see any reason for this. As I
have already stated, the capacity of the spendthrift for transacting
business must be ascertained; and if he does not display the habits
of a prodigal, whatever he has done shall be ratified; but if, on the
contrary, he does not attend to his affairs with ordinary prudence,
his administration of them should neither be approved nor confirmed. |
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