petere

quo petito prior desinit, nec interest, quam longe aberit is tutor.'

Ulp. xi. 22: Item ex senatusconsulto tutor datur mulieri ei cuius tutor abest, praeterquam si patronus sit, qui abest: nam in locum patroni absentis aliter peti non potest, nisi ad hereditatem adeundam et nuptias contrahendas.

(3) In the case of minority or insanity of the tutor.

Ulp. xi. 20: Ex lege Iulia de maritandis ordinibus tutor datur a praetore urbis ei mulieri virginive, quam ex hac ipsa lege nubere oportet, ad dotem dandam dicendam promittendamve, si legitimum tutorem pupillum habeat."

Gai. i. §§ 180, sq.: Item si qua in tutela legitima furiosi aut muti sit, permittitur ei senatusconsulto dotis constituendae gratia tutorem petere. -Quibus casibus salvam manere tutelam patrono. patronique filio manifestum est.*

As to the termination of tutela mulierum, the same rule holds as in respect of tutela impuberum.

The

1 By a decree of the senate women are allowed to apply for a new tutor in the place of one that is absent; and the former ceases to be tutor upon this application being entertained, neither does it matter how far distant such tutor shall be.

2 Likewise, by a decree of the senate, a tutor is appointed to a woman whose tutor is absent, unless he that is absent is her patron; for no application can be made for a tutor in place of an absent patron, except for the purpose of taking up an inheritance and contracting a marriage.

3 By the l. Iulia de maritandis ordinibus a tutor is appointed by the Urban Praetor to such woman or virgin as is required to marry by this very statute, in order that he may give, specify or promise her dowry, if she have a pupil as her guardian-atlaw.

4 Likewise if a woman be under the statutory guardianship of a lunatic or a dumb person, she is allowed by the decree of the senate to apply for a guardian for the purpose of settling her dowry. In these cases it is clear that the guardianship remains undisturbed for the patron and the son of the patron.

BOOK II.

Part I.

BOOK II.

Part I.

a Cf. Gai. i. 114.

§ 61.

'coemptio tutelae evitandae causa 'a is a peculiar kind of release, which, however, originally was applied only to testamentary and magisterial guardianship, and not until a later period to that of agnates; as it saved the difficulty of enforcing auctoritas in the particular case, it in general, according to its practical result, as good as relieved women from the bondage of guardianship, oppressive and contrary as it was to the spirit of the time.

Gai. i. 196a: Item si sit a masculo manumissa, et auctore eo coemptionem fecerit, deinde remancipata et manumissa sit, patronum quidem habere tutorem desinit, incipit autem habere eum tutorem, a quo manumissa est, qui fiduciarius dicitur.'1

§ 67. CURA.

Curators were appointed either by Law or by the magistrate.

Ulp. xii. 1 Curatores aut legitimi sunt, i.e. qui ex lege XII tabularum dantur, aut honorarii, i.e. qui a praetore constituuntur.2

Dantur autem curatores ab eisdem magistratibus, a quibus et tutores; sed curator testamento non datur, sed datus confirmatur decreto praetoris vel praesidis.-§ 1, I. h. t (1, 23).3

The following are the chief cases of curatela.'

(1) The cura furiosi' and 'cura prodigi,' accord

1 Likewise if she has been manumitted by a male, and with his sanction has made a coemption, and then has been remancipated and manumitted, she ceases to be under the guardianship of her patron, but begins to have him as guardian by whom she was manumitted, who is called a 'fiduciary' guardian.

2 Curators are either legitimi, i.e., who are assigned by virtue of a law of the Twelve Tables, or are honorarii, i.e., are appointed by the praetor.

3 Curators are appointed by the same officers as are tutors. But the curator is not appointed by testament, though when so appointed he is confirmed by a decree of the praetor or the governor.

BOOK II.
Part I.

ing to the Twelve Tables devolving upon the agnates, which, however, in default of agnates, and later on quite universally," were imposed by the competent In the exmagistrate.

a

tended applica

tion by the

Praetor.

Cic. de inv. ii. 50, 148: Lex: SI FVRIOSVS > For the EngESCIT, ADGNATVM GENTILIVMQVE IN EO PECVNIAQVE lish commitEIVS POTESTAS ESTO.'

tee of lunatic,' see Steph. ii.

Ulp. lex XII tabularum ita accepta est, ut conflict of laws, ad pupillos vel pupillas non pertineat.-D. 26, Westl. pp. 48,

I, 3 pr.

Ulp. xii. 2, 3: Lex XII tabularum furiosum itemque prodigum, cui bonis interdictum est, in curatione iubet esse adgnatorum.-A praetore constituitur curator, quem ipse praetor voluerit, libertinis prodigis, itemque ingenuis qui ex testamento parentis heredes facti male dissipant bona: his enim ex lege curator dari non poterat, cum ingenuus quidem non ab intestato, sed ex testamento heres factus sit patri, libertinus autem nullo modo patri heres fieri possit, qui nec patrem habuisse videtur, cum servilis cognatio nulla sit."

Id. Sed solent hodie praetores vel praesides, si talem hominem invenerint, qui neque tempus

1 The statute runs: 'If he be a madman, his agnates and relations of the same gens shall have control over him and his property.'

2 The law of the Twelve Tables has been understood not to refer to pupils male or female.

3 A law of the Twelve Tables directs that a lunatic, as also a spendthrift who has been interdicted the administration of his property, shall be under the charge of his agnates. By the praetor is appointed a curator, at his discretion, to free-born spendthrifts, and to freedmen likewise who, being testamentary heirs of their ancestor, are squandering their estate; for to such a curator could not be appointed by statute, since the man of free-birth was made heir by his father not ab intestato, but by testament, and the freedman because he could not be heir to his father in any way; and he is not regarded as having a father, since servile cognation does not exist.

BOOK II.
Part I.

a § 60. See Westlake, ubi

sup.

neque finem expensarum habet, sed bona sua dilacerando et dissipando profundit, curatorem ei dare exemplo furiosi.-D. 27, 10, I pr.'

(2) The cura minorum." It came into use as a permanent guardianship from the time of Marcus Aurelius; but a curator was given to minors by the magistrate only upon their petition; the acceptance of this was down to the latest times made compulsory alone indirectly for particular legal acts, but this compulsion proved sufficiently operative to cause every minor to apply for a standing guardian.

Capitol. Marc. Ant. Phil. 10: De curatoribus vero, cum ante non nisi ex lege Plaetoria vel propter lasciviam vel propter dementiam darentur, ita statuit, ut omnes adulti curatores acciperent non redditis causis."

Item inviti adulescentes curatores non accipiunt praeterquam in litem.—§ 2, I. h. t.3

Ulp. Sed et si ei pecunia a debitore paterno soluta sit vel proprio, et hanc perdidit, dicendum est, ei subveniri. Et ideo si minor conveniat debitorem, adhibere debet curatores, ut ei solvatur pecunia; ceterum non ei compellitur solvere. Sed hodie solet pecunia in aedem deponi. aut curatoribus solvi, si sunt. Permittitur etiam ex constitutione principum debitori, compellere adulescentem ad petendos sibi curatores.-D. 4, 4, 7, 2.*

1 But at the present day it is usual for the praetors or governors, if they find such a man as regards neither time nor limit in his outlay, but lavishly and wastefully squanders his property, to appoint a curator, as is done in the case of a lunatic.

2 But as concerning curators, whereas previously they were only according to the lex Praetoria assigned either because of profligacy or because of insanity, he ordained that all adults should receive curators without reasons being given.

3 Likewise, young people do not receive curators against their will, save for a suit.

But even if he have been paid money by a debtor of his father or his own, and have lost this, we must state that relief

PART II.-JURISTIC PERSONS.a

BOOK II. Part II.

a Cf. Markby, SS. 136-145; Holl. ch. xiv.

§ 68. NATURE OF JURISTIC PERSONS.

b

467-85 (Steph.

A JURISTIC (moral, imaginary) Person, that is, one existing only for juristic purposes, is a subject of rights who is first created by the Law itself. As such occurs sometimes an organised association of persons with particular property (universitas, sc. personarum, corpus, CORPORATION); at other times, a collection of goods Blackst. i. devoted to a definite permanent purpose (FOUNDATION, ii. pp. 2, 899.). universitas bonorum) to which personality and legal capacity of its own is attributed by the State for the sphere of Property Law. The supposition and recognition of a special juristic personality besides that natural to individuals is based upon the fact that the object pursued by such association of persons, or, it may be, for which such collection of goods is designed, could not be realised if the former were treated as a mere plurality of individual subjects of rights existing for themselves in a relation of Property Law, or if the latter were made subject to the control, under Property Law, of a natural Person.

The capacity for rights possessed by Juristic Persons is limited to the Law of Property, and is of different scope in respect of individual Juristic Persons. The subject of all rights in respect of foundations is the purpose itself, clothed with personality, for which the

is given to such person. And so if a minor sue a debtor, he ought to have recourse to curators, that the money may be paid to him; otherwise, the debtor need not pay it to him. But at the present day it is usual for the money to be deposited in a temple. or to be paid to curators, if there are any. The debtor is also permitted by an imperial constitution to oblige the young person to apply for curators.