On What Is Just Regarding the Alienation of Property of Minors

is known, namely, not only any manner of transferring ownership, such as sale, exchange, the constitution of a dowry, donation, or transaction L. 4. C. de Præd. min., but also every act of law constitutive of a real right is implied, for example: mortgaging Scilter, Exerc. ad ff. 37. §. 202., the remission or imposition of a servitude, or the solicitation for a division L. inter omnes C. de Praediis minor., or even manumission, along with many others. For Justinian says in L. f. C. de rebus alien. non alien. Code regarding things that may not be alienated, "Whether the law has inhibited alienation, or the testator has done so, or the agreement of the contracting parties has admitted it, not only is the alienation of ownership or the manumission of slaves to be prohibited, but also the granting of a usufruct, or a mortgage, or the binding of a pledge is entirely prohibited. And in a similar manner, servitudes are by no means to be imposed, nor the contract of emphyteusis long-term land lease, etc."

TH. VII.

With these things premised, it should be known that the alienation of the property of minors is so restricted by the laws that it does not proceed without a tutor or curator, and with the minor himself, it does not proceed so absolutely. This has been introduced solely on account of natural equity, so that, as it is agreed among all that the judgment of a minor is fragile, weak, subject to many deceits, and exposed to the snares of many L. 1. pr. ff. de Minoribus, greater precautions should be applied so that they do not have things from which they might so easily fear some harm.