De restitutione minorum conclusiones

14. Furthermore, aid will have to be given to a minor to such an extent that if money was paid to him by a paternal or personal debtor, and he lost it, he must be assisted, as if it were transacted with him. And therefore, if a minor summons a debtor, he ought to employ curators so that the money is paid to him; otherwise, he will not be compelled to pay him.

15. That holds no doubt, that if a minor paid what was not owed, from the cause from which by Civil Law no recovery is to be granted, a useful action for recovery is to be given to him, since recovery is also accustomed to be given to those over twenty-five years for just causes.

16. A person under twenty-five years can also recover a missed allegation through restitution in full.

17. And generally, if in court, whether while he is suing or while he is being summoned, he is deceived, he is restored. But even if he is condemned as though in contempt, he will implore the aid of restitution in full.

18. Certainly, in crimes, restitution is to be denied to a minor under twenty-five years. For those are unworthy of the benefit of the law who commit crimes against the law, especially in more atrocious cases, unless perhaps sometimes the pity of his age leads the judge to a moderate punishment.

19. But the cause must be weighed, and in the presence of the adversaries, or if they are absent through contempt, restitutions in full are to be considered.

20. It is asked whether aid is to be given to minors in profit? And Pomponius writes that even if without anyone's deceit he repudiated a legacy, or promised alternatively and gave a more precious thing, he ought to be assisted. But also in auctions, if his property was sold, and one appears who bids more. Plainly, in things which are subject to fortuitous accidents, aid will not have to be given to the minor against the buyer, unless either filth or evident favoritism of the tutors or curators is taught.

21. It should be known that aid is not given to minors everywhere. For what of him who, administering his own property soberly, wishes to be restored not because of a loss accidentally occurring, but because of fate? For the outcome of a loss does not grant restitution, but ill-advised facility. We think it sufficient, however, that both the minority of age is shown and the injury, which does not cling to chance and outcome, which deceives the most prudent, but to the very beginning of the contract.