THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
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DONATIONS
WHICH HAVE NOT BEEN REDUCED TO WRITING SHALL ONLY BE VALID WHERE SUMS
UP TO FIVE HUNDRED AUREI ARE INVOLVED. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
As
many persons induced either by gratitude or through disinterested benevolence
make donations, it has seemed to Us proper to decide under what circumstances
they should, or should not, be valid. The ancient authorities, when
discussing this question, came to the conclusion that every donation
in excess of five hundred aurei, which had not been entered
upon the public registers, should be void; even though the donee produced
evidence that it had been written down in the donor's own hand. I do
not know why this peculiar provision was adopted. For when a donation
has been reduced to writing, and thereby is proved to be genuine, I
do not see what can be added to it in order to render it more certain.
We, therefore, in enacting
the following provision, which We are aware does not apply solely to
donations, decree that every gift in excess of five hundred aurei,
where it has been reduced to writing, shall be valid, but shall be void
for any sum in excess of that amount if it is not in writing, even though
the donee may have received the article given in the presence of witnesses.
For every donation estimated at five hundred aurei is good
in law where it is proved by the statements of three witnesses; hence
it must, in this manner, be determined whether the donations are valid
or of no force or effect. |
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