On What Is Just Regarding the Alienation of Property of Minors

However, we at least wonder why these words were premised in the translation of this text in the Basilika Imperial Byzantine law books: "θαυμαστόν νομικόν φάκτον ἡ διάταξις αὕτη" original: "mirabilem Casum haec constitutio complectitur", that is, interpreted by Fabrotus, this constitution embraces a wondrous case. Whether a minor deprived of a curator truly needs a decree in alienating immovable property, we shall hear below.

TH. XI.

And these things are true concerning the civil obligation which confers an effective power of acting. But will a ward or a minor alienating without a curator be obligated, if not civilly, at least naturally? The most excellent Lord Schilterus, after saying in his Exerc. 37. §. 115. that he is naturally obligated who, by the law of nature and in conscience, by his own fact and judgment, binds himself to do or deliver something, in such a way that civil laws deny a judicial action to such an obligation, but do not disapprove of a voluntary performance, and indeed grant a civil exception, as Paul teaches in L. Naturaliter 13. in fin. ff. de Condict. indeb. Digest regarding the claim of money not owed, he established that this must be affirmed. "Likewise," says Paul (in...