Commentaries on the Last Two Titles of the Digest

... a little later he wished to speak more conveniently, in the words: "He could request and through the tutor."

4. Furthermore, in which causes the tutor's authority is necessary, and whether a ward who has contracted without the tutor's authority is bound naturally, has been argued elsewhere. Moreover, the reason why the condition of the insane is worse than that of infants, or of those who are close to infants, is this: because the mind of the insane is completely taken away, he is said τὸν ἐγκέφαλον οὐκ ἔχειν, not to have a brain; but an infant does not lack a mind, although he cannot yet know anything by reason of his age. Cujacius in law 4, Digest, On usucapion; P. Fabrus, on this.

5. An insane person, at that time when, if I may so speak, he has intervals of fury, that is, lucid intervals, can celebrate sales and any other contracts, Law 2, Code, On contracting purchase, and even make a testament, Law: Insane. 9, Code, Who can make a testament; paragraph 1, Institutes, on the same.

6. Paulus says here: "In contracting business." Whether the cause and condition of the insane and those who can speak is also dissimilar in crimes will be more opportunely said at another law of this title.

6. ULPIANUS.

He is not believed to wish to be heir who has wished to transfer the inheritance to another.

1. Whether he, to whom an inheritance is deferred, wishes to be heir, is recognized from this: if he either enters the inheritance or acts as heir: which are the two modes of acquiring an inheritance, paragraph final, Institutes, On the quality and difference of heirs. He, therefore, who, written heir by testament, has wished to transfer the inheritance to another, say to a substitute or a legitimate heir, by this very fact reveals sufficiently that he does not wish to be heir. This sense is received...