H E D A T A .
B O O K XXXV.
Of H I y H R, or I N H I B I T I O N .
Definition of J - J I J H R , in its primitive fenfe, means interdiction or prevention,
the term. ■ LJ. j n tjje language of the l aw it fignifies an interdiftion of action,
with refpedt to a particular perfon, who is either an infant,' an ideot,
or a Have,— the caufes of inhibition being three,— infancy, infanity,
and fervitude.
Chap. I. Introdudlory.
Chap. II. O f Inhibition from Weaknefs of Mind.
Chap. III. O f Inhibition gn account of Debt.
C H A P .
C N A P. I.
T he adts* of an infant are not lawful unlefs authorized by his
guardian, nor the aft o f a {lave unlefs authorized by his mailer;—and
the adts of a lunatic, who has no lucid intervals, are not at all lawful.
The adts of an infant are unlawful, becauffe of the defedt in his under*
{landing; but the licenfe or authority o f his guardian is a mark o f his
capacity; whence it is that in virtue thereof an infant is accounted thé
fame as an adult. The illegality of the adts o f a female or male Have
is founded on a regard to the right,of the owner;—for i f their adts
(fuch a.s purchafe and fale) were valid and efficient, they would be
liable to debt, .and their creditors might appropriate their acquisitions,
or even fell their perfons for the difeharge o f their demands, whence
the mailer’s advantage would be defeated. If, however, the mailer
figaify his affent to their adts, he thereby agrees to the deltrudtion of
his right. With relpedt to the adts of a lunatic, they are not lawful
under any circumitance, as he is utterly incompetent to adt at all,
although his guardian ffiould agree to his fo doing. It js otherwife
with refpedt to a have or an infant; for a Have is polfelfed o f peribnal
competency, apd there is hope of an infant in due time attaining that
competency,— whence there is an evident difference between thofe
and lunatics.
If a {lave, an infant, or a lunatic, ffiould fell or purchafe any article,
knowing at the time the nature o f purchafe and fale, and intending
one or other of thofe, the guardian, or other immediate fu-
perior, has it at his option either to give his affent i f he fee it advife-
* Arab, (tfirrjf, meaijiijg traifoaioifs pf any kind, fudj as p,«rebate, 6}e, pxfoforth.
6 able.
Inhibition
operates upon
infants,
Haves, and
lunatics;
whence purchafe
or fale
by them requires
the affent
o f their
immediate
fuperior;