Where an individual has been guilty of offences against many persons,
or owes debts to different creditors, he who first establishes his
claim either in writing, or by oral testimony, or by the acknowledgment
of the party himself, and has thereby shown that he is liable to him
for damages, or is indebted to him for money loaned, shall have the
preference; and said person shall be required to satisfy the claim,
regardless of its priority in time; or shall be sentenced by the judge
for the offence he has committed against the law. Where several parties
to whom he is indebted, should proceed against him at one and the same
time, he shall satisfy his obligations to such persons according to the
value of their claims; or, should he prove insolvent, he shall serve
all of them as a slave. But in the settlement of the claims, it must
be taken into consideration by the judge, that the largest creditor is
entitled to the greater portion of the property, and that the remainder
should be divided among the other creditors as the judge himself
may determine. If the debtor should not have property sufficient to
discharge his obligations, as soon as this fact has been established
the debtor shall be given up by the judge to his creditors, to serve
them, for all time, as a slave.
=FLAVIUS CHINTASVINTUS, KING.=
=VI. In what way the Debt of a Person who is Dead, or any Injury he has
Committed, shall be Inquired Into.=
If the guilt of any person has not been established during his
lifetime, it is undoubtedly monstrous to accuse him of crime after his
death. Where anyone, hereafter attempts to commit such acts, in order
to defraud the heir of a person who is dead, he shall be restrained by
the following law, to wit: that if any person shall accuse one who is
dead of having been guilty of violence toward himself, or of having
fraudulently deprived him of his property, or of having destroyed it,
or of having owed him money, or of having perpetrated any unlawful
act, as provided for in a former law, no credit shall attach to his
assertions, unless he shall be able to indubitably establish their
truth by competent written or oral evidence. And if he should be able
to prove his allegations, and the deceased person concerned should
have left no children, but should have bequeathed his property to
freedmen, or to other persons, the said persons shall be forced, under
the instructions of the judge, to pay, in proportion to the property
they have received, the amount due the creditor of the deceased. And if
the latter should have left children, and they should have possession
of his property, they shall be required to settle all claims which the
creditor has proved to be due him from their father. If the aforesaid
debtor should have died without making any disposition of his estate,
his nearest relatives, or those who claim, or are in possession of,
said estate, shall be liable for his pecuniary obligations. But if he
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account