[ULPIANUS libro trigensimo ad Sabinum. ] §46.3.14.prQuod si forte quis ita soluat, ut, nisi ratum habeatur, condicat: si dominus solutionem ratam non habuerit, condictio ei qui soluit competit.
[ULPIANUS libro trigensimo ad Sabinum.] But if by chance someone pays on the condition that, unless it is ratified, he may sue for recovery: if the principal does not ratify the payment, the action for recovery (condictio) is available to him who paid.
§46.3.14.1Sunt quidam tutores, qui honorarii appellantur: sunt qui rei notitiae gratia dantur: sunt qui ad hoc dantur, ut gerant, et hoc uel pater adicit, ut unus puta gerat, uel uoluntate tutorum uni committitur gestus, uel praetor ita decernit.
There are certain guardians who are called honorary; there are some who are appointed for the purpose of knowing the affairs; there are some who are appointed for this purpose, namely, to administer, and either the father adds this, for instance that one should administer, or the administration is committed to one by the consent of the guardians, or the praetor so decrees.
dico igitur, cuicumque ex tutoribus fuerat solutum etsi honorariis (nam et ad hos periculum pertinet), recte solui, nisi interdicta eis fuerit a praetore administratio: nam si interdicta est, non recte soluitur.
I say therefore, that to whichever of the guardians payment has been made, even to the honorary ones (for risk also pertains to these), payment is rightly made, unless the administration has been forbidden to them by the praetor; for if it has been forbidden, payment is not rightly made.
idem dico et si quis sciens suspectis postulatis soluat: nam iis interim uidetur interdicta administratio.
I say the same also if anyone, knowingly, pays those against whom an accusation of being suspect has been brought; for the administration is meanwhile deemed to be forbidden to them.
§46.3.14.2Quod si remoto soluit, ei soluit, qui tutor esse desierat, et ideo non liberabitur.
But if he pays to one who has been removed, he pays to him who had ceased to be a guardian, and therefore he will not be released.
§46.3.14.3Quid ergo, si ei soluit, in cuius locum curator erat constituendus, ut puta relegato in perpetuum uel ad tempus? dico, si ante soluit, quam substitueretur curator, oportere liberari.
What then if he pays to one in whose place a curator had to be appointed, as for instance to one relegated permanently or for a time? I say that if he pays before the curator is substituted, he ought to be released.
§46.3.14.4Sed et si afuturo rei publicae causa soluit, recte soluit: quin immo et si absenti, si modo non est alius in locum eius substitutus.
But also if he pays to one who is about to be absent on public business, he pays rightly; nay indeed, even to one who is absent, provided that another has not been substituted in his place.
§46.3.14.5Siue autem legitimi sunt siue testamentarii siue ex inquisitione dati, recte uel uni soluitur.
And whether they are statutory, or testamentary, or appointed after inquiry, payment is rightly made even to one of them.
§46.3.14.6Ei, qui notitiae gratia datus est an recte soluatur, uidendum est, quia ad instruendos contutores datur.
It must be considered whether payment is rightly made to him who was appointed for the purpose of knowing the affairs, because he is appointed to instruct his co-guardians.
sed cum tutor sit, nisi prohibitum fuerit ei solui, puto liberationem contingere.
But since he is a guardian, unless payment to him has been forbidden, I think that release takes place.
§46.3.14.7Curatori quoque furiosi recte soluitur, item curatori sibi non sufficientis uel per aetatem uel per aliam iustam causam.
Payment is also rightly made to the curator of an insane person, and likewise to the curator of one who is incapable of managing his affairs, either due to age or some other just cause.
sed et pupilli curatori recte solui constat.
But it is also established that payment is rightly made to the curator of a ward.
§46.3.14.8Pupillum sine tutoris auctoritate nec soluere posse palam est: sed si dederit nummos, non fient accipientis uindicarique poterunt.
It is clear that a ward cannot even pay without the authorization of his guardian; but if he has given coins, they do not become the property of the recipient, and they can be claimed.
plane si fuerint consumpti, liberabitur.
Clearly, if they have been consumed, he will be released.