Ad Sabinum libri
Ex libro VIII
Paulus, On Sabinus, Book VIII. He who buys property from anyone whomsoever, thinking that it belongs to him, buys it in good faith; but he who buys anything, from a ward, without the authority of his guardian, or where he is instigated by an impostor, whom he knows is not his guardian, will not be considered a bona fide purchaser; and this opinion was also held by Sabinus.
Paulus, On Sabinus, Book VIII. Where it is stated that the curator is appointed without distinction, he is held to have been designated for the management of all litigation, and this has reference to cases where an action is brought against a guardian for the partition of an estate, or the division of property held in common, or for the establishment of boundaries; and if the appointment thus is made in general terms, a curator is considered to have authority to act not only in cases where the ward is plaintiff, but, on the other hand, where suit is brought against him. 1Several curators can be asked for in the place of several guardians, or one in the place of several, or one curator in the place of one guardian, either for the management of a single lawsuit or for the conduct of several.
Paulus, On Sabinus, Book VIII. Several decrees of the Senate have been enacted providing that other guardians should be appointed in the place of those who are insane, dumb, and deaf.
Paulus, On Sabinus, Book VIII. Where a guardian performs an act without being asked to do so, the exertion of his authority will be valid, if he says he approves what takes place, for this is to empower it to be done.
Paulus, On Sabinus, Book VIII. No one is liable to an action to account for the appropriation of property, unless the guardian abstracted it during his administration of the guardianship. 1Where he acted with the intention of stealing, he will also be liable to the penal action for theft. He is, therefore, liable at the same time to both actions, and one of them does not release him from the other. An action for the recovery of the property on the ground of theft will also lie, and if the ward should recover the stolen goods by means of it, this right of action will be extinguished, for the reason that the ward has lost nothing. 2Although this action is brought for double the amount, the recovery of the property is only half, and the penalty is therefore not double.
Paulus, On Sabinus, Book VII. An action on guardianship can not be brought until the latter is terminated. It is terminated not only by puberty, but also by the death of the guardian or the ward. 1Julianus thinks that a son who has been emancipated can be held directly liable, if he has administered the guardianship. 2If he is still under the age of puberty, while administering the guardianship, his acts are void. 3An action on guardianship will not lie against the curator of an insane person, but an action on the ground of voluntary agency must be brought, which will lie while he is still transacting the business; because the same rule does not apply in this action, as in one on guarddianship, so long as he whose guardianship is being administered has not reached puberty.
Paulus, On Sabinus, Book VIII. Anything which is void in the beginning cannot be remedied by lapse of time.