A Compendium of Roman Law Founded on the Institutes of Justinian; Together with Examination Questions Set in the University and Bar Examinations with Solutions and Definitions of Leading Terms in the Words of the Principal Authorities
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 Excerpt: ... not hurt himself and his family by the mode in which he exercised them. In such cases a curator was appointed whose duty it was to look after his property. This curator had a perfectly different office from a tutor; in technical language the tutor was said to be appointed to the person, the curator to the property. The curator was only appointed as a check to prevent pecuniary loss. Curators were, for instance, appointed to watch over the interests of insane persons, of persons notoriously prodigal, and of those who had attained the age of puberty but were under the age of twenty-five."--SANDARS' Justinian, Introduction, sect. 43. Curators were appointed: 1. At the request of the minor, to take charge of his property generally. Or, 2. Against his will: (a) to protect an adversary in a law-suit; (0) to protect the tutor or a debtor in paying debts to the minor. Madmen and deaf-and-dumb persons, as well as those subject to any perpetual disease, could have curators even after twenty-five years of age. Curators were appointed by the same magistrates as tutors; in the city by the prafectus urbi or the praetor, in the provinces by the prseses or municipal magistrate. A curator could not be appointed in a testament, but if a person was recommended in one the magistrate would generally carry out the testator's wishes. (Sandars, i. xxiii.) Q. Translate: "Si inter tutorem pupillumve judicium agendum sit, quia ipse tutor in rem suam auctor esse non potest, non pratorius tutor, ut olim, constituitur sed curator in locum ejus datur quo interveniente judicium peragitur et eo peracto curator esse desinit."--Inst., i. xxi. 3. What was this curator called? A. If a law-suit has to be carried on between the pupil and tutor, then (on account of the tutor not b...
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