[IDEM libro quarto regularum. ] §46.3.47.prIn pupillo, cui sine tutoris auctoritate solutum est, si quaeratur, quo tempore sit locupletior, tempus quo agitur inspicitur: et exceptio doli mali posita ei noceat, tempus quo agitur spectatur.
[THE SAME in the fourth book of Rules.] In the case of a ward to whom payment has been made without the authority of his tutor, if it is asked at what time he is richer, the time when the action is brought is looked to; and also, for the plea of fraud to bar him, the time when the action is brought is regarded.
§46.3.47.1Plane, ut Scaeuola aiebat, etiamsi perierit res ante litem contestatam, interdum quasi locupletior factus intellegitur, id est si necessariam sibi rem emit, quam necessario de suo erat empturus: nam hoc ipso, quo non est pauperior factus, locupletior est.
Clearly, as Scaevola used to say, even if the thing has perished before joinder of issue, he is sometimes understood as having become richer, as it were; that is, if he bought a thing necessary for himself, which he would necessarily have had to buy with his own funds. For by this very fact, that he has not been made poorer, he is richer.
sic et in filio familias putabat Macedonianum cessare, si in necessarias causas filius mutuam pecuniam acceperit et eam perdiderit.
So also, in the case of a son in power, he thought that the Macedonian Senate-Consult was inapplicable if the son had received borrowed money for necessary purposes and had lost it.