and that the pupil, though he still has the money in his pos-
session, or has been otherwise enriched by it, attempts to
recover the debt by action, he can be repelled by the plea of
fraud. If on the other hand he has squandered the money or
had it stolen from him, the plea of fraud will not avail the debtor,
who will be condemned to pay again, as a penalty for having
carelessly paid without the guardian's authority, and not in
accordance with our regulation. Pupils of either sex cannot
validly satisfy a debt without their guardian's authority, because
the money paid does not become the creditor's property; the
principle being that no pupil is capable of alienation without his
guardian's sanction.

TITLE IX
OF PERSONS THROUGH WHOM WE ACQUIRE

We acquire property not only by our own acts, but also by
the acts of persons in our power, of slaves in whom we have
a usufruct, and of freemen and slaves belonging to another but
whom we possess in good faith. Let us now examine these cases
in detail. 1 Formerly, whatever was received by a child in power
of either sex, with the exception of military peculium, was acquired
for the parent without any distinction; and the parent was entitled
to give away or sell to one child, or to a stranger, what had been
acquired through another, or dispose of it in any other way that
he pleased. This, however, seemed to us to be a cruel rule, and
consequently by a general constitution which we have issued we
have improved the children's position, and yet reserved to parents
all that was their due. This enacts that whatever a child gains by
and through property, of which his father allows him the control,