As soon as we have ascertained that any unlawful acts have been
committed, it behooves us to prevent, by legal measures, similar
occurrences in the future. For many persons living reckless lives,
squander their property upon strangers, either on account of riotous
living, or through the unwise counsel of others, and, as a result
of this, leave their inoffensive children or grandchildren weak
and penniless; for those cannot be of any benefit whatever to the
community upon whom the duty of labor has not been enjoined by the
example and virtues of their parents. And, in order that, under such
circumstances, the rights of the community may not be sacrificed, or
children or grandchildren be deprived of the benefits of that natural
affection which should be bestowed upon them, the law, by which a
father or mother, or grandfather or grandmother, have the right to
give their property to a stranger, should they wish to do so, or a
woman to dispose of her dowry in any way that she pleases, is hereby
abrogated; and we decree that the following more equitable law shall be
observed by all, to wit: that neither parents nor grandparents shall
have the absolute right to dispose of all their property, nor that
children nor grandchildren shall, through an unjust will, be deprived
of the inheritance of their parents and grandparents; therefore, any
father or mother, grandfather or grandmother, who wish to bestow any
of their property upon their children or grandchildren, must observe
the following rule, viz: that in the bestowal of said gifts upon their
children or grandchildren they do not exceed the third part of their
property; nor shall it be lawful for them to transfer any of their
property to any stranger, unless they should not have any legitimate
children or grandchildren living.
The following, however, we decree shall be observed, as being in
accordance with the dictates of reason: that if the father or mother,
grandfather or grandmother, should decide to bequeath, by any
instrument in writing, any portion of the third part of their property,
as aforesaid, to their children or grandchildren, in compliance with
the laws governing inheritances, all such proceedings shall be forever
inviolable; and whatever bequest concerning said property may be made,
shall have full and uncontrovertible validity. Nor shall it be lawful
for the child or grandchild who has received any of the said third
part of the estate from their parents, to claim anything more, unless
they should prove to be entitled to it by some former bequest of their
parents or grandparents.
Public-domain text, read in full here on John Shaqi.
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