On What Is Just Regarding the Alienation of Property of Minors

TH. IV.

We have decided to illustrate and examine this very matter in the present dissertation by the example of a Minorennis minor/person under age, specifically how laws restrict the same person's free discretion in alienating their property to certain conditions, yet simultaneously preserve an alienation made in violation of this restriction as null, to their prejudice.

TH. V.

So that this may be done in order, it must be premised that, by the term Minor minor, we include everyone here who has not yet exceeded the twenty-fifth year according to Civil Law L. 3. §. 1. ff. de Minoribus, and the twenty-first year according to Saxon Law Carpzovius, Part 3, Const. II, def. 9. See also the Golden Bull, ch. 7, and Mevius on the Law of Lübeck, part 1, title 7, art. 6, no. 6. Thus, time is understood here by natural computation only, and not by civil computation—which obtains in acts of Civil Law, such as usucaption L. 6. & 7. ff. de Usucap. or the making of a testament L. 8. ff. & 4. C. qui Testamento fac. poss.. It runs from moment to moment, and the last day begun is not considered as completed L. 3. §. ff. de minoribus. And although an impubes person not yet reached puberty is otherwise opposed to a minor pr. Inst. de Curat., here, however, it denotes the same thing to us regarding the effect L. si res pupillaris 49. ff. de minor., and is solely opposed to a person of full age, to such an extent that even those obtaining venia aetatis a grant of legal majority, as they are otherwise not regularly included under the term of those of full age L. f. C. d. t., Lauterbach in Compend. tit. de Min. in R. 2., are included here in a certain respect on account of L. 3. C. d. t.