The Institutes of Justinian by Unknown
page 35 of 272 (12%)
page 35 of 272 (12%)
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the place, or in the presence of other public persons, or by the
magistrates, or by the judge of the city of Alexandria; security being given in the amounts required by the constitution, and those who take it being responsible if it be insufficient. 6 The wardship of children below the age of puberty is in ac- cordance with the law of nature, which prescribes that persons of immature years shall be under another's guidance and control. 7 As guardians have the management of their pupils' business, they are liable to be sued on account of their administration as soon as the pupil attains the age of puberty. TITLE XXI OF THE AUTHORITY OF GUARDIANS In some cases a pupil cannot lawfully act without the authority of his guardian, in others he can. Such authority, for instance, is not necessary when a pupil stipulates for the delivery of pro- perty, though it is otherwise where he is the promisor; for it is an established rule that the guardian's authority is not necessary for any act by which the pupil simply improves his own position, though it cannot be dispensed with where he proposes to make it worse. Consequently, unless the guardian authorizes all trans- actions generating bilateral obligations, such as sale, hire, agency, and deposit, the pupil is not bound, though he can compel the other contracting party to discharge his own obligation. 1 Pupils, however, require their guardian's authority before they can enter on an inheritance, demand the possession of goods, or accept an inheritance by way of trust, even though such act be advantageous to them, and involves no chance of loss. |
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