On What Is Just Regarding the Alienation of Property of Minors

is: The buyer does not have an action of purchase for the thing to be delivered, but the ward has an action of sale for the price. We are taught by the authority of Justinian in pr. J. de Auctor. Tut. to establish the same concerning unilateral acts, from which the condition of the ward is rendered better. Hence, he will be able to stipulate solely for himself, to accept a donation, and the like with this effect, that he may be able to obtain the donation by a civil action, or what comes into the stipulation; nor is it understood that this is done to the disadvantage of him who promised or donated in the stipulation, since no injury is done to one who consents. For the ward is understood to be willing enough thus far, to the extent that the legislator did not wish to diminish this natural faculty and liberty d. pr. Inst. ibi: "Namque placuit &c.".

TH. X.

But what if a minor does not have a curator? In such a case, the alienation has its own force, yet in such a way that the person who has been harmed is to be heard, as he is to be restored to his original condition, which is clearly written by the Emperors Diocletian and Maximian in L. 3. C. de In Integrum Code regarding restitution to the original condition.