# Institutes of Gaius 2.1.100-103

Roman Law and Society, Institutes of Gaius, 2.1.100 to 2.1.103. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/2.1.100

(85) A woman, however, may be legally paid without the authority of her guardian; and he who makes payment is released from liability, because, as we have previously stated, women can, even without the authority of their guardians, alienate property not mancipable. Although this rule only applies where she actually received the money, still if she did not receive it, but merely says that she has, and wishes to discharge her debtor by giving him a formal release without the authority of her guardian, she cannot do so. (86) Again, we acquire property not only by ourselves but through those whom we have under our control, in our hand, or in mancipium . We can also acquire it through slaves in whom we have the usufruct, as well as through freemen, and slaves belonging to others whom we have possessed in good faith. Let us now carefully examine these different cases. (87) Anything which our children, who are under our control, as well as anything which our slaves acquire by sale, delivery, or stipulation, or in any other manner whatsoever, is acquired for us; for he who is subject to our authority can have nothing of his own. Hence if such a person should be appointed an heir he cannot enter on the estate without our order, and if he should do so under our direction the estate will be acquired for us, just as if we ourselves had been appointed heirs; and in accordance with this rule a legacy is acquired by such parties for us in the same manner. (88) We should, however, note that where a slave belongs to one person by bonitarian right, to another by quiritarian right, in every instance whatever is acquired by him belongs to the party in whom the bonitarian right is vested.

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.