On What Is Just Regarding the Alienation of Property of Minors

TH. IIX.

That the alienation of the property of minors does not proceed without a tutor or curator, as we believe, we have rightly asserted. Since it is explicitly found to be ordained in the Institutes that a ward original: "pupillus" is not held by a civil obligation without the authority of a tutor in pr. Inst. de Auctorit. Tutor., so that, although this text speaks only of a ward, yet the same must be determined concerning a minor alienating without a curator for the same reason. We read in the law, elegantly written by the Emperors Diocletian and Maximian to Attianus L. 3. C. de integr. rest. min.: "If you, being a minor of twenty-five years after the age of a ward, have sold property while having a curator, this contract ought not to be preserved."