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dedicates the inheritance of parents to their children, calling them as if to a due succession, from which they cannot be removed even by the judgment of the parent, unless for deserving causes.
XXVI.
It has been asked, therefore, whether this succession can be taken away by the agreement of a private person. And it is proven by many laws of civil law that an agreement of this kind, by which we renounce the inheritance of a living person, is of no moment.
XXVII.
But if this is true, an oath will also be added in vain to confirm it.
XXVIII.
For what thing can there be which may confirm it, where there is no thing which is confirmed?
XXIX.
By our customs, however, renunciations of this kind, when sworn, have been accepted; paying attention to Canon Law, by which the prohibition of Civil Law is neglected when an oath is interposed regarding that which can be observed without the loss of eternal salvation.
XXX.
But whether the children of a daughter may succeed, notwithstanding her renunciation, is a question of difficulty. We believe this question ought to be resolved by a distinction.
XXXI.
For if the daughter who renounced died while her father was still alive, the grandchildren are not excluded from the succession of the grandfather on account of their mother's renunciation.
XXXII.
But if she dies after her father, we use a sub-distinction.
XXXIII.
Either the grandchildren from the renouncing daughter come to the succession