De transactionibus theses LXIV

a minor, requires a decree from a judge with a legitimate investigation of the case.

IX.

Moreover, neither may donate by transacting, to such an extent that, once this has followed, restitution restitutio in integrum; restoring the legal status quo is not even required, since such a donation does not provide a release from the obligation.

X.

A father may indeed transact concerning the adventitious peculium property acquired by a son from sources other than his father of his son, even without a judge’s decree.

XI.

The emphyteuta a long-term leaseholder of land and the vassal may transact without the knowledge of the lords, if they retain the property, and there is an absence of fraud and collusion from both sides.

XII.

Moreover, a Provost of the church may rightly transact in this way concerning matters held by the church.

XIII.

It follows that we must look at the matters about which one can or cannot transact. It is clear that one can only transact regarding a doubtful matter and an uncertain, unfinished suit.

XIIII.

We do not require the suit to have been already set in motion; it is enough if it could exist, and the defendant has given something because the suit was feared.

XV.

Where no suit can exist, there will also be no transaction.

XVI.

Hence, it is certain law that it is in vain to transact concerning an undoubted judgment that cannot be challenged by any remedy.

XVII.