De pactis theses

indeed they can. A minor who does not have a curator may enter into extrajudicial pacts, but not judicial ones.

XVII.

A son-in-power, as well as a slave, may make a pact, provided they do not bring detriment to the parent or master.

XVIII.

A procurator, to whom free administration of goods has been given, as well as one specially designated for this purpose, and one appointed in his own interest, may make a pact, and his pact benefits and binds the master.

XIX.

The subject matter of pacts consists of all things whatsoever that are in human commerce, provided they are the property of those making the pact. For I judge that no one can make a pact concerning the property of another.

XX.

However, pacts that harm the public utility, or are entered into against the laws and good morals, are of no moment.

XXI.

Whence it comes that we cannot make a pact that we will not sue for theft or injury, should you commit them. For it is expedient to fear the penalty for theft or injury. By the same reasoning, it cannot be brought about by a pact that fraud is not to be made good, although one may make a pact that an action for deposit is not to be brought.

XXII.

There is no doubt that one may make a pact concerning a private crime committed. But regarding a public one, it is disputed. I see that it has become established by custom, and I judge it consistent with equity, that a pact may be rightly entered into concerning every public crime, although nothing is thereby derogated from the magistrate.

XXIII.

But also a pact concerning a quota of a lawsuit or the inheritance of a living person, as being entered into against good morals, is not valid.

XXIV.

The form of pacts is most simple. For they can be made