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