Question II: Which persons can buy, and sell

MOST certainly those who do not have the dominion and administration of things cannot perform these, as minors, wards (pupilli), the insane, sons of a family, and others, whom the S. Doctor relates as enumerated in 4. dist. 15. part. 2. art. 2. quaest. 1. ad 4. et disp. de contractibus in genere.

LUCRATIVE trading is illicit for Clerics and Religious, cap. consequens, where suspension is introduced, dist. 88. et cap. fornicati, eodem titulo, et cap. negotiatorum, ibidem, et cap. ultimo, de vita, et honestate cleric. Clement. V. eodem titulo, et cap. 1. Ne clerici, vel monachi. So most commonly the Doctors, and in eo cap. excommunication ferendae sententiae is imposed. Similarly the leasing of lands for the sake of gain and avarice is forbidden, cap. pervenit, dist. 86. where it is permitted only for sustenance.

It is understood, however, of Clerics only in sacred orders. See Molinam Tom. 2. disp. 342.

JUDGES also, and others representing the Prince, are prohibited from buying and selling in the lands governed by themselves; see Molinam disp. 343.

GUARDIANS, however, by the common law are bound, if wishing to buy the goods of their wards, to have a decree of the judge openly, and with the contract entered into in good faith. So Gama decis. 217. It is proved by leg. si in Emptione, §. finali, verbo tutor, ff. de contrah. empt.; provided it is done openly and in good faith, for those buying secretly through a friend are presumed to act in fraud. See Molinam Tom. 1. disp. 224.

SPOUSES also can have such contracts with each other, and a son with his father concerning things that are his own. Concerning spouses it is had in text. in leg. Aurelius, §. finali, ff. de liber. legat. Concerning Father and son as regards Castrensian and quasi-Castrensian goods it is certain; for these belong entirely to the son.

The FATHER, however, cannot sell any of his goods to one son without the consent of the other sons; nor to one grandson without the consent of the other grandsons, or without the license of the King or Prince, when the latter cannot, or will not, give such consent; otherwise such contracts are void, and the purchasing son in punishment loses the price of those things, leg. 2. ff. de contrah. empt. See Molinam tract. 2. disp. 343. alias 245. And say the same of sons selling their things to their parents, by the rule of correlatives, as Fagundez notes lib. 5. cap. 15. num. 4. Rebell. de oblig. iustit. part. 2. lib. 9. quaest. finali, sect. 3. num. 17.; for the same reason holds in the ascendents.

HENCE Fagundez deduces num. 12. that a Father cannot contract a loan with his son, nor a father with the son of a prior marriage, while others exist from the second.

SIMILARLY, if a father gives a field to this son for the payment of some money which he owed, it will be invalid, because it takes the place of a sale.