THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ LXXXV ~ |
FATHERS
WHO DO NOT MARRY A SECOND TIME WILL BE ENTITLED TO A SHARE EQUAL TO
THAT OF ONE OF THEIR CHILDREN. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
As We have not established any rule concerning donations made in consideration of marriage where a wife dies leaving a husband with children, and as custom makes provision for a wife who predeceases her husband, We do not think that this custom should be changed; but We have decreed that the ante-nuptial donation shall be given to the wife, as hitherto provided by the laws, and that the husband shall not be permitted to receive anything if he marries a second time; but, on the contrary, if he respects his former marriage, he shall be remunerated for this honorable resolution, and a share of his wife's estate, equal to that of one of his children, shall be set apart for him; and if this share should equal, or exceed in value the antenuptial donation, thereby affording him a profit, or at least not causing him any loss, he must remain content with it; but if, on the other hand, this allowance does not equal, but is less than the ante-nuptial donation, the husband shall not surrender any of his property, nor shall he be entitled to anything from his wife's estate. |
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