THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  LXXII  ~
CONTRACTS SHALL BE VALID EVEN WHERE NO PENALTY IS ATTACHED TO THEIR VIOLATION.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
The Same Emperor to the Same Stylianus.

  We see persons sometimes criticize the law which provides that an agreement without a consideration does not confer a right of action, but merely authorizes an exception. For as they hold that every agreement is void which is not rendered effective by a penalty, they despise and reject as invalid every agreement — including such as have been committed to writing — in which a penalty is not provided for, even when the parties thereto have affixed the sign of the Holy Cross with their own hands, and have invoked the name of the Holy Trinity. They are wrong in entertaining this opinion, and they by no means prove that human affairs should have the preference over those that are divine; for what advantage can the stipulation for a penalty have in the eyes of a reasonable man, and what superior power can thereby be given to agreements to enable this to be compared to the effect imparted by the sacred sign of the Cross, and the invocation of the name of God? Therefore We decree that every contract which has been confirmed by divine formalities shall be considered valid, and of legal force, even though no penalty may have been provided for its violation.