The regulation, however, under which he who alienated his hereditary property and deprived his children of it was placed by order of the magistrate under guardianship like a lunatic, was probably as ancient as the period when the arable land was first divided and thereby private property generally acquired greater importance for the commonwealth.

In this way the two antagonistic principles--the unlimited right of the owner to dispose of his own, and the preservation of the family property unbroken--were as far as possible harmonized in the Roman law.

Permanent restrictions on property were in no case allowed, with the exception of servitudes such as those indispensable in husbandry.

Heritable leases and ground-rents charged upon property could not legally exist.

The law as little recognized mortgaging; but the same purpose was served by the immediate delivery of the property in pledge to the creditor as if he were its purchaser, who thereupon gave his word of honour (-fiducia-) that he would not alienate the object pledged until the payment fell due, and would restore it to his debtor when the sum advanced had been repaid.
Contracts Contracts concluded between the state and a burgess, particularly the obligation given by those who became sureties for a payment to the state (-praevides-, -praedes-), were valid without further formality.