nciples 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 nonowner
can. Thus the alienation of dowry land by the husband, 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 pursuance of his agreement, may alienate
the pledge, though not its owner; this, however, may seem to rest on the
assent of the 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 wouldbe 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, thing