De restitutione minorum conclusiones

into a time when he becomes a major, it is decided that the restitution ceases, unless it is proven that this whole matter was structured by the deceit of the adversary and drawn out until the minor became a major, so that what had been transacted would stand.

7. However, regarding that which was done in minority, the person having now become a major is not prohibited from seeking restitution (unless he has ratified the alienation), formerly indeed within a useful year, today within four years, to be calculated from the entry into the just age.

8. Restitution in full is given not only to minors but also to the successors of minors, even if they themselves are majors.

9. But should this benefit be granted to the surety of a minor? And that aid should not be granted to the detriment of the creditor is certain law, but rather for him who voluntarily promised, the action of mandate will have to be denied.

10. If such a youth intervenes, for whom restitution is to be provided, it ought to be granted at his own request, or that of his procurator to whom that very thing has been expressly mandated. But he who alleges a general mandate concerning the management of all affairs ought not to be heard. But if there is doubt about a special mandate, by interposing a stipulation that the master will hold the matter ratified, he can remedy the case.

11. For a son, restitution is to be granted to the father in every way, even if the son does not wish to be restored, because the father's risk is at stake, as he is held liable for the peculium funds or property managed by a dependent. From which it appears that other agnates or relatives are of a different condition; and they ought not to be heard unless they request it from the will of the adolescent, or that adolescent is of such a life that he should justly be interdicted even from his own goods.

12. However, we accept that which was done with a minor, so that restitution has a place, however it may be, whether it is a contract or whatever else occurred. Accordingly, if he bought something, if he sold, if he entered into a partnership, if he accepted borrowed money, and he was deceived, he will be aided.

13. Which has a place not only in these things but also in interventions, as for instance if he obligated himself or his property under the name of a surety.