For he had previously made mention of a slave who is naturally obligated, specifically that original: "quod Pupillus sine tutoris autoritate mutuum accepit, & locupletior factus, si pubes factus solvat, non repetit." if a ward accepted a loan without the authority of his tutor and, having become richer, makes payment after he has reached puberty, he does not recover it. Indeed, he asserts that this is so true that if a ward makes payment for what he thus owes, he cannot recover it by an actio condictio indebiti a lawsuit for the recovery of money paid by mistake, as per the previously cited text and L. si pupillus 21. pr. ff. ad L. Falcid. Digest on the Falcidian Law, where the same Paulus asserts: A ward, to whom ten [units of currency] may have been given as a loan without the authority of his tutor, is bound by a (1) naturalis obligatio natural obligation; (2) original: "si solverit obligatione & liberari" if he pays, he is freed from the obligation; and (3) original: "post solutionem nihil repetere posse" he can recover nothing after payment. This holds true whether the ward had become richer or had not, through L. 25. §. 1. ff. quando dies legatorum Digest on when the day for legacies arrives.

TH. XII.

But Lord Lauterbach, in Colleg. Theor. Pract. tit. de Pact. thes. 40. and in Compendio Juris Schützius eod. tit. p. m. 48., most sharply contests against Hahn that a ward contracting without the authority of a tutor is not even naturally obligated, because all power of binding oneself through an agreement is removed by Civil Laws from those who are under the age of puberty. Anyone who does not possess this