Question XXVI: Which real or mixed vows of children who have reached puberty can be annulled by the father

I ASSERT first that the real vows of minors before 25 years of age can be annulled by the father. So all the Doctors, for before that age they lack the administration of goods, as is clear from the whole title, ff. de minoribus 25. annis. That this is a perfect annulment is clear from what has been said. See Sanchez lib. 4. cap. 26. num. 4.

I ASSERT second that the same must be said of mixed vows, for instance of pilgrimages, in which expenses are required. The reason is that the father is the master of the expenses. So very many, with Sanchez cap. 35. num. 22. et Bassaeo V. Votum 5. num. 13.

BUT FOUR vows are exceptions. First, if the son vows from his peculium castrense, or quasi-castrense, because in this the son is his own master leg. 2. ff. ad senat. Consultum macedonianum.

SECOND is when a real vow is added to a personal vow only on account of a mere consequence, as if a son should vow religion, and the monastery ought to succeed to the goods of the one entering. The reason is that this manner of alienating is granted to a minor by the law.

THIRD is the vow of going to the aid of the Holy Land cap. ex multa de voto, where, if license is given to one who is married, much more to one subject to a father.

FOURTH is if the minor falls into an excommunication reserved to the Apostolic See, and makes a vow of going there for absolution cap. relatum de sent. excommunicat.

TAKE NOTE, however, that even after the son's twenty-fifth year the father can annul his real vows.

SO Sanchez lib. 6. de matrim. disp. 39 circa finem. The reason is that the Father always retains power over the goods, and the son himself is under the Father's power, as the Gloss has it leg. finali §. pupillus, V. pupillus, ff. de verb. obligat. and there all who discuss this question. See Sanchez loc. cit.

YOU WILL ASK whether the Father can annul the real vows of a married or emancipated son.

IT IS ANSWERED that by the common law he can with regard to one who is married; it is clear from Leg. 1. et 2. C. de bonis, quae liberis, et Leg. si uxor C. de condit. insertis.

BUT the EMANCIPATED son can no longer be subject to the father's power, and acquires the administration of his goods, and therefore that the Father can no longer annul is perfectly clear from common practice and the disposition of the law.