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The Institutes of Justinian by Unknown
page 74 of 272 (27%)
remedy, by discovering a means by which the manumitter, the
other joint owner, and the liberated slave, may all alike be bene-
fited. Freedom, in whose behalf even the ancient legislators
clearly established many rules at variance with the general
principles of law, will be actually acquired by the slave; the
manumitter will have the pleasure of seeing the benefit of his
kindness undisturbed; while the other joint owner, by receiving
a money equivalent proportionate to his interest, and on the
scale which we have fixed, will be indemnified against all loss.

TITLE VIII
OF PERSONS WHO MAY, AND WHO MAY NOT
ALIENATE

It sometimes happens that an owner cannot alienate, and that a
non-owner can. Thus the alienation of dowry land by the hus-
band, without the consent of the wife, is prohibited by the lex
Iulia, although, since it has been given to him as dowry, he is its
owner. We, however, have amended the lex Iulia, and thus
introduced an improvement; for that statute applied only to land
in Italy, and though it prohibited a mortgage of the land even
with the wife's consent, it forbade it to be alienated only without
her concurrence. To correct these two defects we have forbidden
mortgages as well as alienations of dowry land even when it is
situated in the provinces, so that such land can now be dealt
with in neither of these ways, even if the wife concurs, lest the
weakness of the female sex should be used as a means to the
wasting of their property. 1 Conversely, a pledgee, in pursu-
ance of his agreement, may alienate the pledge, though not its
owner; this, however, may seem to rest on the assent of the
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