Page:An introduction to Roman-Dutch law.djvu/96

 Rh and it is, besides, usual to consult the nearest relatives.^ The measures proposed must be necessary for payment of debts, maintenance, or marriage, of the ward, or otherwise to his manifest advantage.^ The word ' immovables ' extends to such incorporeal rights as are commonly included under the term immovable property, and to the cession of rights of action relating to such property.^ Alienation includes any act of the guardian whereby a real right of the ward is in any way diminished, lost, or aban- doned.* Failing a judicial decree (where such is necessary) everything that takes place m the course of or incidentally to such alienation is ipso jure null and void.* The same applies if the decree is shown to have been obtained from the Court by fraud.* The prohibition of the sale of immovables is stated by Grotius to extend to money put out at interest and rents.' Van der Keessel says that the same rule ought to be laid down in respect of public Dutch or foreign securities.* Voet goes still further and adds to the hst all movables which are not perishable in their nature [quae servanda servari possunt),^ as gold, silver, and jewellery, whereas perishable movables the guardian not only may sell, but must.^" It appears that by the law of Holland even movables could not be sold without proAdous notice to the Orphan Chamber (unless this were expressly excluded), and by pubhc auction.^^ In the case of immov- ables also the sale must be by public auction. Otherwise (which is not the case with movables) the sale will be void. In both cases the guardian is answerable ui damages. ^^ Voet, 27. 9. 7 ; and the Weeskamer. V. d. K. Th. 131.  Voet, 27. 9. 7-8. » Voet, 27. 9. 2. even after majority. Voet, 19. 2. 17.  Gr. 1. 8. 6. 8 Voet, 27. 9. 9. ' Renten ende pachten. 6r. 1. 8. 6.  V. d. K. Th. 130. » Of. Cod. 5. 37. 22. 6. i» Voet, 27. 9. 1. But see V. d. K. Th. 130. " Gr. 1. 8. 5 ; Van Leeuwen, 1. 16. 8 ; V. d. K. Th. 129. 12 Gr. 1. 8. 5-6 ; Van Leeuwen, 1. 16. 9.
 * Voet, 27. 9. 3. But short leases are permitted and bind the ward