rol, is acquired, according to the old
practice, for the father alone; for what unfairness is there in property
derived from the father returning to him? But of anything which the
child derives from any source other than his father, though his father
will have a usufruct therein, the ownership is to belong to the child,
that he may not have the mortification of seeing the gains which he has
made by his own toil or good fortune transferred to another.
2 We have also made a new rule relating to the right which a father had
under earlier constitutions, when he emancipated a child, of retaining
absolutely, if he pleased, a third part of such property of the child
as he himself had no ownership in, as a kind of consideration for
emancipating him. The harsh result of this was that a son was by
emancipation deprived of the ownership of a third of his property; and
thus the honour which he got by being emancipated and made independent
was balanced by the diminution of his fortune. We have therefore enacted
that the parent, in such a case, shall no longer retain the ownership of
a third of the child's property, but, in lieu thereof, the usufruct of
one half; and thus the son will remain absolute owner of the whole of
his fortune, while the father will reap a greater benefit than before,
by being entitled to the enjoyment of a half instead of a third.
3 Again, all rights which your slaves acquire by tradition, stipulation,
or any other title, are acquired for you, even though the acquisition be
without your knowledge, or even against your will; for a slave, who
is in the power of another person, can have nothing of his own.
Consequently, if he is instituted heir, he must, in order to be able to
accept the inheritance, have the command of his master; and if he has
that command, and accepts the inheritance, it is acquired for his master
exactly as if the latter had himself been instituted heir; and it is
precisely the same with a legacy. And not only is ownership acquired for
you by those in your power, but also possession; for you are deemed to
possess everything of which they have obtained detention, and thus
they are to you instruments through whom ownership may be acquired by
usucapion or long possession.
4 Respecting slaves in whom a person has only a usufruct, the rule is,
that what they acquire by means of the property of the usufructuary,
or by their own work, is acquired for him; but what they acquire by
any other mea
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