Page:An introduction to Roman-Dutch law.djvu/98

 Rh 58 THE LAW OP PERSONS such minor, where the minor has falsely represented him- self as of full age.^ Ratifica- An alienation void ab initio may be ratified on fuU age. voMalie E,atification is express or tacit. An example of tacit ations. ratification is when the ward, having reached full age, claims the purchase-money from the guardian ia an actio tutelae; or when the ward after majority allows a certaia time, which varies with the circumstances, to elapse without asserting his right.^ When ratification has taken place the transaction may, in Roman-Dutch Law, still be rescinded on the ground of laesio enormia,'* but in the Cape Province and in the Orange Free State this is no longer law.* (7) to 7. Accounts. The guardian must render annual or counts ^' ^^^^^ periodic accounts as required by law to the proper authority.^ If the testator has remitted this duty, the Court or other authority may none the less in its discretion insist upon it.^ (8) tore- 8. Bepresenting the minor in Court. A minor has no thrmLor persona standi in judicio.' He must therefore be repre- in Court ; sontcd or assisted by his guardian in any proceedings to which he is a party, whether as plaintifE or defendant.^ If the guardian is himself a party to the proceedings the ward obtaias a curator ad litem.' No doubtful action may be brought by a guardian ia the name of the ward Voet, 27. 9. 13(ad^»i.). Voet, 27. 9. 14. If the alienation was made for value the period is five years ; if donationis titulo, ten years irUer praesentee, twenty inter absentes. Cod. 6. 74. 3. Voet, ibid, {ad fin.) ; Cod. 4. 44. 2 and 8. Ord. No. 6 of 1902, sec. 6. The doctrine of laesio enormis is still in force in the Transvaal, Natal, and Brit. Gui. See below, p. 203, n. 3.  Gr. 1. 9. 12 ; Hoola van Nooten, vol. 1, p. 583 ; V. d. K. Th. 120 and 157; 1 Maasdorp, p. 256. ' Gr. 1. 7. 8 ; V. d. K. Th. 127 ; V. d. L. 1. 5. 5. In Brit. Gui., by Ord. No. 11 of 1893, sec. 6, a minor may bring an action in his own name for a sum of money not exceeding one hundred dollars, which may be due to him for wages or piece-work, or for work as a servant. If the action fails, he is liable for costs [G.]. " Gr. 1. 8. 4 ; Voet, 26. 7. 12. » Gr. vhi sup.
 * Cape, Greneral Law Amendment Act, No. 8, 1879, sec. 8 ; O.F. S.
 * Van Leeuwen, 1. 16. 6.