4 If a guardian suffers such a loss of status as entails loss of either
liberty or citizenship, his office thereby completely determines. It is,
however, only the statutory kind of guardianship which is destroyed by
a guardian's undergoing the least loss of status, for instance, by his
giving himself in adoption. Tutelage is in every case put an end to by
the pupil's suffering loss of status, even of the lowest order.
5 Testamentary guardians appointed to serve until a certain time lay
down their office when that time arrives.
6 Finally, persons cease to be guardians who are removed from their
office on suspicion, or who are enabled to lay down the burden of
the tutelage by a reasonable ground of excuse, according to the rules
presently stated.
TITLE XXIII. OF CURATORS
Males, even after puberty, and females after reaching marriageable
years, receive curators until completing their twenty-fifth year,
because, though past the age fixed by law as the time of puberty, they
are not yet old enough to administer their own affairs.
1 Curators are appointed by the same magistrates who appoint guardians.
They cannot legally be appointed by will, though such appointment, if
made, is usually confirmed by an order of the praetor or governor of the
province.
2 A person who has reached the age of puberty cannot be compelled
to have a curator, except for the purpose of conducting a suit: for
curators, unlike guardians, can be appointed for a particular matter.
3 Lunatics and prodigals, even though more than twentyfive years of age,
are by the statute of the Twelve Tables placed under their agnates as
curators; but now, as a rule, curators are appointed for them at Rome
by the prefect of the city or praetor, and in the provinces by the
governor, after inquiry into the case.
4 Curators should also be given to persons of weak mind, to the deaf,
the dumb, and those suffering from chronic disease, because they are not
competent to manage their own affairs.
5 Sometimes even pupils have curators, as, for instance, when a
statutory guardian is unfit for his office: for if a pupil already has
one guardian, he cannot have another given him. Again, if a testamentary
guardian, or one appointed by the praetor or governor, is not a good man
of business, though perfectly honest in his management of the pupil's
affairs, it is usual for a curator to be appointed to act with
him. Again, curators are usually appointed in the room of guardians
temporarily excused from the duties of their office.
6 If a guardian is prevented from managing his pupil's affairs by
illhealth or other unavoidable cause, and the pupil is absent or an
infant, the praetor or governor of the province will, at the guardian's
risk, appoint by decree a person selected by the latter to act as agent
of the pupil.
TITLE XXIV. OF THE SECURITY TO BE GIVEN BY GUARDIANS AND CURATORS
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account