without previous sanction of the Court;[1] otherwise, if the ward fails in the suit, the guardian will be liable to pay the costs himself.[2] In all other matters of impor- tance too, says Van der Linden,[3] the Court should be consulted.
(9) to contract in the name of the minor; 9. Contracting in the name of the minor. Guardians have the right to contract on behalf of their wards, but must proceed with particular caution, otherwise they wiil be liable in damages.[4] By such contracts the wards acquire rights and incur liabilities. They may sue and be sued on the contracts entered into by their guardians,[5] saving, however, their right to restitutio in integrum, if they have been prejudiced thereby ; which right they must prosecute within four years after attaining majority.[6] It seems that a guardian who has contracted nomine pupilli is him- self alternatively liable to the other contracting party;[7] though if the contract was a proper one, he will be entitled to an indemnity from the estate. A ward is not bound by a donation made by his guardian or by a release of a manifest right.[8]
(10) to authorize the minor's acts. 10. Authorizing the minor's acts. Finally, it is the duty of the guardian (and the law gives him power) to 'interpose his authority ', that is, to assist and represent the minor in all transactions ; and in particular, as has been seen,
to represent him in Court. 'Authority' in Roman Law- ↑ Or subsequent allowance by the Court?
- ↑ Voet, ubi sup.
- ↑ V. d. L. 1. 5. 3. Of. Gr. 1. 9. 2.
- ↑ Gr. 1. 8. 7 ; 3. 1. 30 ; Voet, 26. 9. 1-2.
- ↑ Gr. 1. 8. 8 ; V. d. K. Th. 133 ; and see Cod. 5. 39. Semble, if a guardian contracting on behalf of his ward, has acted fraudulently, the ward is not liable, except : (1) to the extent of his enrichment ; (2) in the absence of enrichment only if the guardian is solvent, so that the ward can have recourse against the guardian's estate ; and the ward can always free himself by ceding his actions against the guardian. Gr. 3.1.30; Voet, 26. 9.4.
- ↑ Cod. 2. 52 (53) 7. pr.; Voet, 44. 3. 6-7.
- ↑ Voet, 26. 9. 3 ; but generally only during the continuance of the guardianship. Cf. Cod. 5. 39. 1. .
- ↑ Gr. 3. 1. 30 and 3. 2. 7 ; unless it be a remuneratory donation. Gr 3. 2. 3. Guardians may make a novation in the name of their wards, if for the wards' benefit. Voet, 46. 2. 8. Guardians may compromise on behalf of their wards provided they do not thereby effect an alienation of the ward's property. V. d. K. Th. 517.
