Disputatio de tutelis

XXXII.

This, however, does not mean that the pupil’s property, which can be preserved by keeping it, may be alienated by his authority.

XXXIII.

For the alienation of these items is not permitted unless a decree from a judge has been interposed.

XXXIIII.

And indeed, this is not permitted before necessity or debt demands it, and it must be done only with those things that are least damaging to the pupil.

XXXV.

These points are so true that it has been decreed that the pupil’s estates cannot be transferred from his ownership by way of a transaction, exchange, or any other method without a decree.

XXXVI.

Learned men original: "Dd." (Doctores) make exceptions for items subject to flooding or similar dangers. But I assert that even these should not be alienated without consulting the magistrate.

XXXVII.

Furthermore, so that no one is exhausted by the burden of guardianship rashly or perpetually, the Laws wished for guardianship to end at puberty, by death, by loss of status original: "diminutio capitis", by the occurrence of a condition, or by the expiration of the time for which the tutor was appointed by testament, or by removal due to being suspected, or by excuse.

XXXVIII.

Various causes for excuse are enumerated by the Emperors and the Jurisconsults: