It is also hereby provided that if any suits are brought against
minors, their guardian, should he desire it, has a right to defend such
actions. If, however, he should neglect to do so, a judgment shall be
rendered by the court in favor of the plaintiff, without prejudice to
the rights of the minors to have the matter reviewed, when they shall
become of lawful age. If the party who made the claim should lose his
case when the minor has reached his majority, he shall be compelled
to restore to the minor, or to his relatives, or to any one who may
have a right to it, whatever property he obtained under the judgment
aforesaid, along with any income it may have produced, and any profits
which may have accrued from its possession; and he shall be compelled
to pay ten _solidi_ in addition, because he has prosecuted a claim
which was not valid in law. Where a guardian desires to defend any
action brought against his ward in court he shall have full authority
to do so; but if the rights of the ward should be affected, or his
property impaired or lost through his neglect, the guardian shall
afterwards be compelled to make restitution.
=THE GLORIOUS FLAVIUS RECESVINTUS, KING.=
=IV. Guardians shall have no Right to Exact from Wards in their Charge
any Instruments in Writing whatever.=
As minors are unable to care for themselves or their property, it has
been wisely provided by the laws that they should be subjected to the
authority of guardians, and that their business should be transacted
for them for a stated number of years. For the reason, however, that
certain guardians, by means of either persuasion or threats, defraud
those whose interests it is their duty to carefully protect, and compel
them to enter into agreements that they will not demand an accounting
of their property, or exact bonds or other written instruments from
their wards, by means of which they seek to prevent inquiry into their
actions: therefore, that our solicitude for the rights of such wards
may the better appear in all matters where such rights are involved, we
hereby decree that the following law must be strictly observed, to wit:
that in the case of such wards, even when they have passed the age of
fourteen years, where the guardian or guardians who had charge of their
persons and property shall be found to have caused the execution of
any bond or written instrument of any description, which enures to the
benefit of said guardians or any person designated by them, then such
bond or instrument shall be void, and of no force whatever in law.
Public-domain text, read in full here on John Shaqi.
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