The Institutes of Justinian by Unknown
page 74 of 272 (27%)
page 74 of 272 (27%)
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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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