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BOOK OF CONSTITUTIONS 79 2. But if indeed there is no mother, then the nearest relative shall assume the property of the minor under the condition that to the degree that his own property is increased, the property of the minor should also be increased to his advantage; nor is it permitted to waste or alienate any of it. 3. If indeed anyone presumes to take any of the property of minors, as has been said, let him return it in simple from his own property; also if a minor party is involved in a suit, let that person answer who has his wardship. 1. If a father leaves daughters, and while living, wishes to give the marriage ornaments (malahereda), let him give to whom he pleases, with the consequence that no one may seek their return to his daughters. 2. If the father shall have asked that the marriage portion (wittimon) not be sought, let his wish be disregarded; but, as a former law has stated, let the nearest relative receive it l; with the further provision that the girl will obtain a third part of the ornaments (of the marriage portion) which the relative has received. LXXXVII 1. We believe that the following provision should be made concerning the age of minors (for their protection), that they shall are sui juris. "Its intention is to give to persons otherwise capable of le a1 acts, but of weak age or sex, protection from the consequences of acts %y which they would, but for such protection, be bound. Persons alieni juris, a slave, a son or a daughter, are essentially incapable of legal acts binding on themselves, and the notion of protection in their exercise becomes absurd. Thus the conditions under which these two relations exist are mutually exclusive ." J. L. Strachan-Davidson, Problems of the Roman Criminal Law, I , 33. 1 Perhaps this means that if a father, before his death, requests that his heirs not seek a wittimon in case of the marriage of one of his dau hters, that that request should be ignored and the provisions of LXYI-that tfe relatives should receive two-thirds of it and the girl one-third as her marriage portion -be followed. ...

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