... Quaestiones controversas ex iure decerptas

XII.

If a ward has not been made richer without the authorization of his tutor, he is obligated naturally only; per the text in Law 1, Digest, 'de novat.'; the text in Law 'cum illud', paragraph 'haeres meus', Digest, 'quando dies legat. cedat.' where, if the ward Sejus had received money without the authorization of his tutor, and had not been made richer, and the ward's creditor had bequeathed such a legacy to Titius: "Let my heir give to Titius what Sejus owes me," the legacy will be of no moment if the petitioner referred the words to a present debt, since there is no present debt. Otherwise, if the testator contemplated a natural obligation and future payment by the word "debt," the legacy is valid, as if a condition were tacitly inserted: "Give to Titius when the ward has paid." From this it is most manifest: that if he has been made richer, he is held also civilly; if he has not been made richer, he is held naturally only; and that he is obligated also civilly if he has been made richer is proven by the text in Law 3, paragraph 'pupillus', Digest, 'de negot. gest.'; the text in Law 3, in the principle, Digest, 'Commodat.'; the text in Law 'pupillus' 5, Digest, 'de auth. tut.', in all of which places, if the ward has been made richer, by the rescript of the Divine Pius, scripto