De las prohibiciones de enajenar
Author | Francisco Samper |
Pages | 129 |
Page 129
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Sucede algunas veces que quien es dueño no tiene potestad de enajenar, y quien no es dueño, puede enajenar.
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Por la ley Julia se prohíbe al marido enajenar un predio dotal sin la voluntad de la mujer, aunque sea de él o le haya sido mancipado con causa de dote, o cedido ante magistrado, o bien lo haya usucapido. Hay duda de si este derecho rige solamente para los predios itálicos o también para los de provincia.
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Inversamente, de acuerdo con las XII Tablas, el agnado curador de un loco puede enajenar una cosa que pertenece a éste. Asimismo un procurador investido de libre administración por el dueño ausente, y lo mismo el acreedor con respecto de la prenda...
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- De la tradición, la mancipación y la cesión ante magistrado
- De la novación de las obligaciones
- De la propiedad peregrina y de la usucapión
- De las prohibiciones de enajenar
- De la ocupación
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- De las adquisiciones universales
- De los testamentos
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