... Disputationis ad titulum Dig. si cert. pet. iuridicae periculum sub praesidio Iacobi Brandmylleri ... subibit horis locoque solennibus ad diem ... mens. Octob. ann. 1654 Michael Tremuleus Genevensis

if spendthrifts have in fact given money on loan, and it has been consumed in good faith by the recipient, a loan is not indeed considered to have been contracted; although, to the end that an action for the recovery of money (condictio) may immediately arise, a loan is recognized as having been established ex postfacto for the sake of utility.

XI.

But is a ward bound by money lent to him? Distinguish between one near to infancy, who is not bound even naturally, unless he is proven to have been made richer thereby.

XII.

And one near to puberty, who is naturally bound, even if he has not been made richer: if he has been made richer, he is understood to be bound even civilly, according to the rescript of the Divine Pius.

XIII.

Since, however, a son under power (filiusfamilias) can be as effectively bound from all contracts as a head of a household (paterfamilias), the question will be opportune here: are they bound by a loan? The Macedonian Senatusconsultum holds that they are not bound.

XIV.

Inasmuch as it quashes the obligation and the action born therefrom by an exception of their own right.

XV.

And this exception, because of its equity, is of such efficacy that even if a son under power were to renounce that exception, in law, not even a sworn renunciation would be valid: Zasius and Gœddeus, both excellent jurists, are of a different opinion.

XVI.

The giving of a loan consists only in those things which are determined by weight, number, and measure, such as counted money—