s 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 transaction, 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, and
that the pupil, though he still has the money in his possession, 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 cont