THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  XXXIX  ~
A SPENDTHRIFT CAN DISPOSE OF HIS OWN PROPERTY.



 
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 We, however, thinking that this is unreasonable, and having repealed the law, do hereby decree that everything that a spendthrift may do which is unreasonable, and which tends to establish his wastefulness, shall not be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.