De restitutione minorum conclusiones

FOLLOWING NATURAL EQUITY, the Praetor proposed this edict by which he undertook the protection of minors. For since it is agreed among all that the judgment of persons of this age is fragile and infirm, exposed to many deceptions, and open to the snares of many, the Praetor promised them aid in this edict and relief against deceptions.

2. The Praetor decrees: Concerning whatever is said to have been transacted with a person less than twenty-five years of age, I shall take note according to how each matter stands.

3. It is apparent that he promises aid to those under twenty-five years of age. For it is agreed that after this time, virile vigor is completed. But do we also count the day of one's birth until the hour in which one was born, so that if he was deceived, he may be restored? And since he has not yet completed it, it is decided that time should be looked at from moment to moment. Furthermore, even if one is born on a leap day, whether on the earlier or later day, it makes no difference; for that two-day period is held as one day, and the latter day of the Kalends is intercalated.

4. But it must be seen whether aid ought to be given only to fathers of families, or also to sons of families. We think the truest opinion is that of those who hold that minors, whether they are fathers or sons of families, whether male or female, can be restored to their original state in integrum restitutio legal restoration to the status quo ante, not only when something of their goods is diminished, but also when it is in their interest not to be vexed by lawsuits and expenses.

5. This is so true that even if a ward can be proven to have been deceived with the authority of his father and the same tutor, he is not prohibited from demanding restitution in his own name via a curator appointed for him later.

6. If indeed someone has contracted with a minor, and the contract falls