Two Constitutions, an Omitted Justinian Code and a Thematic Codification: Prohibiting the Alienation of Ecclesiastical Immovable Property: Some Legal Complexities

The present article focuses on two constitutions, and one Justinian Novel, all dealing with a prohibition on the alienation of ecclesiastical immovable property. The two constitutions, the first of which was issued by emperor Leo I in 470, the second by emperor Anastasius between 491 and 518, were both incorporated into Justinian’s Codex repetitae praelectionis (issued in 534), viz. as C.I. 1.2.14 (Leo I) and C.I. 1.2.17 (Anastasius) resp. In the preface to his Nov. 7 – promulgated 15 April 535 – the emperor Justinian explicitly refers to both constitutions, but completely ignores their incorporation into the Justinian Code. The article investigates this curious state of affairs, and explains how Justinian solved this apparent enigma. Finally, the article concludes that the ensemble consisting of C.I. 1.2.14 and Nov. 7 make up a thematical Codification, restricted to the provisions ofthe ban on the alienation of ecclesiastical immovable property as laid down in Leo’s constitution and Justinian’s Novel.