pledgor given at the inception of the contract, in which it was
agreed that the pledgee should have a power of sale in default
of repayment. But in order that creditors may not be hindered
from pursuing their lawful rights, or debtors be deemed to be
overlightly deprived of their property, provisions have been
inserted in our constitution and a definite procedure established
for the sale of pledges, by which the interests of both creditors
and debtors have been abundantly guarded. 2 We must next
observe that no pupil of either sex can alienate anything without
his or her guardian's authority. Consequently, if a pupil attempts
to lend money without such authority, no property passes, and
he does not impose a contractual obligation; hence the money,
if it exists, can be recovered by real action. If the money which
he attempted to lend has been spent in good faith by the
would-be borrower, it can be sued for by the personal action
called condiction; if it has been fraudulently spent, the pupil can
sue by personal action for its production. On the other hand,
things can be validly conveyed to pupils of either sex without
the guardian's authority; accordingly, if a debtor wishes to pay
a pupil, he must obtain the sanction of the guardian to the trans-
action, else he will not be released. In a constitution which we
issued to the advocates of Caesarea at the instance of the
distinguished Tribonian, quaestor of our most sacred palace,
it has with the clearest reason been enacted, that the debtor
of a pupil may safely pay a guardian or curator by having first
obtained permission by the order of a judge, for which no fee
is to be payable: and if the judge makes the order, and the
debtor in pursuance thereof makes payment, he is completely
protected by this form of discharge. Supposing, however, that
the form of payment be other than that which we have fixed,