5 Again, it may be asked whether, if a person who abstains from
accepting an inheritance can claim a judicial restoration of rights, the
constitution can still be applied, and the goods adjudged under it? And
what, if such person obtains a restoration after they have been actually
adjudged in order to give effect to the bequest of freedom? We reply
that gifts of liberty to which effect has once been given cannot
possibly be recalled.
6 The object with which this constitution was enacted was to give effect
to bequests of liberty, and accordingly it is quite inapplicable where
no such bequests are made. Supposing, however, that a man manumits
certain slaves in his lifetime, or in contemplation of death, and
in order to prevent any questions arising whether the creditors have
thereby been defrauded, the slaves are desirous of having the property
adjudged to them, should this be permitted? and we are inclined to say
that it should, though the point is not covered by the terms of the
constitution.
7 Perceiving, however, that the enactment was wanting in many minute
points of this kind, we have ourselves issued a very full constitution,
in which have been collected many conceivable cases by which the law
relating to this kind of succession has been completed, and with which
any one can become acquainted by reading the constitution itself.
TITLE XII. OF UNIVERSAL SUCCESSIONS, NOW OBSOLETE, IN SALE OF GOODS UPON
BANKRUPTCY, AND UNDER THE SC. CLAUDIANUM
There were other kinds of universal succession in existence prior to
that last before mentioned; for instance, the 'purchase of goods' which
was introduced with many prolixities of form for the sale of insolvent
debtors' estates, and which remained in use under the socalled
'ordinary' system of procedure. Later generations adopted the
'extraordinary' procedure, and accordingly sales of goods became
obsolete along with the ordinary procedure of which they were a part.
Creditors are now allowed to take possession of their debtor's property
only by the order of a judge, and to dispose of it as to them seems most
advantageous; all of which will appear more perfectly from the larger
books of the Digest.
1 There was too a miserable form of universal acquisition under the SC.
Claudianum, when a free woman, through indulgence of her passion for a
slave, lost her freedom by the senatusconsult, and with her freedom her
property. But this enactment we deemed unworthy of our times, and have
ordered its abolition in our Empire, nor allowed it to be inserted in
our Digest.
TITLE XIII. OF OBLIGATIONS
Let us now pass on to obligations. An obligation is a legal bond, with
which we are bound by a necessity of performing some act according to
the laws of our State.
Public-domain text, read in full here on John Shaqi.
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