De pignoribus et hypothecis theses

XXXIII.
Immovable things, just as they avoid alienation, so also do they avoid being pledged without a just cause and a decree of the Praetor.

XXXIV.
Regarding slaves and children under parental power original: "filiis-familias" in the matter of peculiar property (I speak only of the peculium profecticium property given by the father to the son), what must be decided is not entirely agreed upon among the interpreters, unless the free administration of the peculium private fund/savings has been granted to them.

XXXV.
A woman constituting a pledge for another is aided by the exception of the Senatusconsultum Velleianum a decree forbidding women from assuming debt for others.

XXXVI.
But regarding a procurator legal agent appointed with the free administration of goods, I believe it must be pronounced such that if he subjects the master's thing for the master's obligation, the pledging itself is valid; but if it is done without his will, it will be of no moment by operation of law.

XXXVII.
Now, which things are subject to being pledged will shine forth from this following rule: All things whose ownership we have, or which are at least among our goods, can expressly come from us into the constitution of a pledge.

XXXVIII.
Therefore, both things which exist in the nature of things, such as present things, as well as future things, such as hanging fruits, the offspring of female slaves, and the young of livestock, can be pledged.

XXXIX.
This will be thus straightforward regarding future things, if only the one who obligates is the owner of the thing from which the future thing is hoped to be born at the time of the agreement,