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 Rh 102 THE LAW OF PERSONS that when the community continues at the desire of the parties concerned, viz. by virtue of an ante-nuptial contract or mutual will, or, where permitted, by the wiU of the deceased, or by agreement between the parent and the children, being of full age, it continues for all purposes, or at all events for the purpose of profit and loss ; and that the one-sided community above described, arises not by act of party, but ipso jure, i.e. only when the survivor, being under a duty to do so, neglects to make an inventory or to assign to the chil- dren their share of the joint estate. Finally, it is to be observed that, where Boedelhouderschap exists, it is not determined by the remarriage of the surviving spouse.^ This gives rise to difl&cult questions as to the respective shares, when the community eventually determines, of the children of the first marriage, the remarrying parent, and the second wife (or husband). For the resolution of these problems the reader is referred to Van der Keessel, Theses, 273-6. In the Cape Province, however, such difficulties can scarcely arise, in consequence of the statutory provisions to be presently mentioned. C. Second (C) Second marriages. In the Civil Law second marriages entailed numerous penalties, which, says Van der Linden, have not been adopted by us.^ He excepts from this state- ment lex 6 of the relevant title in the Code, which is called from its opening words the Lex hoc edictali? It is an enactment of Leo and Anthemius of the year a.d. 472, and provides that no man or woman who remarries, having children by a former marriage, may by gift inter vivos or by will settle on the second spouse more than the amount of the smallest portion bequeathed to any of the children of the former marriage.* A gift contrary to this law is void to the extent of the excess, and the excess must be equally divided amongst the children of the prior marriage or marriages alone. ' Van Leeuwen, 4. 23. 8. ^ V. d. L. 1. 3. 10 ; and see Van Leeuwen, 1. 14. 14. ^ Cod. 5. 9. 6 (de secundis nuptiis). * Van Leeuwen, 4. 24. 8.