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(c) hus- band ad- 78 THE LAW OF PERSONS in judicio. She must sue or be sued assisted by her husband.1 3. As administrator of his wife's property the husband ministers may alienate and encumber it as he pleases without her wife's pro- consent.2 This applies even to property which she has perty; kept out of community. The wife, on the other hand, may not alienate or encumber her property without his consent,³ unless in due course of trade.4 (d) does not render an ac- count; (e) con- tracts in his wife's name; 4. The husband is not compellable to render an account of his marital administration,5 nor to indemnify the wife or her heirs for his negligence." 7 9 5. The husband may contract in his wife's name, and render her liable or entitled 8 under contracts so made. The wife cannot, without the consent of her husband, render herself civilly liable by her contracts ⁹ except in cases in which a minor would be liable.10 But she does incur a natural obligation, which is a good foundation for a contract of suretyship, and will exclude the condictio indebiti in case she has paid money in pursuance of such obligation, after her husband's death. 11 Contracts made without her husband's authority being civilly void, neither wife nor husband can be sued upon them either during the marriage or after its determination.12 Subsequent ratification by the husband, however, has the same effect as antecedent authority, and so also, it seems, has tacit acquiescence.12 1 Gr. 1. 5. 22-23; Van Leeuwen, ubi sup. ; Voet, 5. 1. 14 ff., and 23. 2. 41; V. d. K. Th. 95. But a woman married out of com- munity who has the management of property is entitled to sue in her own name without the assistance of her husband. Boyes v. Verzigman (1879) Buch. 229. 2 Gr. 1. 5. 22; Schorer ad Gr. 2. 48. 2; Van Leeuwen, ubi sup.; Voet, 23. 2. 58; 23. 4. 21; 23.5.7%; V. d. K. Th. 92. This extends to donations to third parties unless fraudulent. Voet, 23. 2. 54. 3 Gr. 1. 5. 23; Van Leeuwen, 2. 7. 8. 4 Gr. loc. cit. 5 Sande, Decis. Fris. 2. 4. 1. 6 V. d. K. Th. 91. 3. 1. 30; V. d. L. 1. 3. 7. 7 Gr. 1. 5. 22; 8 Gr. 3. 1. 38. 9 Gr. 1. 5. 23; Voet, 23. 2. 42. 10 Voet, 23. 2. 43. 11 V. d. K. Th. 96. Secus if payment has been made during his life- time without his authority. Voet, 12. 6. 19.