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but not lawfully, as from a father to an emancipated son, or from a mother or a stranger.
On legitimate guardianship original: "tutela legitima", which is deferred by law. 30. Of agnates.
Who may seek tutors or curators. 31. From the Praetor or the Governor? Who can litigate with a ward; a creditor, a freedman of the ward's father, his mother, and if she is negligent, his relatives.
Where tutors or curators are to be sought. 32. Where the ward draws his origin, or possesses the greater part of his assets, or his domicile.
On the tutors and curators of illustrious or most distinguished persons. 33. That is, who may appoint tutors for such persons, and who may be appointed.
Who may, in general and for all wards, appoint tutors or curators, and who cannot be appointed. 34.
When a woman, that is, a mother or grandmother, can perform the office of guardianship. 35.
In what cases a tutor or curator can have a tutor or curator. 36. Namely, when one person is not sufficient to administer the ward's goods, or when a tutor is absent on account of the state, or when he is removed or exiled.
Administration of tutors.
On the administration of tutors or curators and on investing or depositing the ward's money. 37.
On the liability of tutors. 38. That is, for what matters tutors or curators are held accountable regarding the guardianship and administration conducted.
When minors can sue or be sued based on the act of a tutor or curator. 39.
If, among several tutors or curators, one can sue for the minor or be sued. 40. When others are negligent, one may act. However, if the administration was divided by the testator or judge, one ought not be sued for matters pertaining to the administration of another.
That a tutor or curator should not lease tax revenues. 41. Namely, when he exercises guardianship or has not yet rendered accounts, so that he does not bind his goods to several parties in solidum (which is a species of fraud).
On the tutor or curator who did not provide security. 42. When he was bound to provide security, he is removed from administration or compelled to provide it.
On suspected tutors or curators. 43. Who are removed from administration for the reasons enumerated in this title.
On giving a tutor or curator to represent in a lawsuit original: "in litem", to manage it; for formerly it was given, or a curator 44, which law we use today.
On him who acted as tutor. 45. He acts as tutor who was not usefully appointed as tutor.
If a mother promises indemnity. 46. That is, she takes upon herself the risk of the administration of the tutor she requested be given to her sons; whether and how she is held liable.
If a tutor was given by testament against the mother's will. 47. He will be removed from the guardianship of the son.
That a tutor be added to handle cases after puberty. 48. Namely, to defend him, unless he has rendered instruments to the curator.
If a ward ought to be educated. 49. With the mother, unless she has remarried; otherwise, the judge shall decide.
On providing maintenance to a ward. 50. By the tutor, even if a question is pending regarding his status, the taxation of which can be sought from the judge; whatever the tutor has justly spent on this account, he shall set off.
Actions arising from the cause of guardianship.
The arbitration of guardianship. 51. Concerning the action of guardianship; it is called arbitration because the power of this judgment rests in the discretion of the judge, who, having reviewed the accounts of the guardianship, decides in good faith what the tutor ought to provide or restore to the ward.
On the division of guardianship, by the judge or as divided by the deceased, and for what part each of the tutors is sued. 52.
On swearing to the value of the suit, that is, to the interest of the parties. 53. By the ward, even against the heir of the tutor.
On the heirs of tutors or curators. 54. Being sued by the ward and to what extent they are held liable to him.
If a tutor or curator has not conducted 55. the guardianship or care, how, when, and in whose name he shall be sued.
On the debts of the ward. 56. To be paid by the tutor from the ward's money, which he has turned to use.
On the sureties of tutors or curators. 57. To be sued by the ward by an action based on stipulation.
On the contrary action of guardianship. 58. By which the ward is bound to the tutor.
What is permitted to a ward under tutors.
On the authority to be provided by tutors. 59. To those things which are done by the wards; for without a tutor they cannot remit an action, be present in a criminal trial, or sell in such a way that the buyer acquires a prescription. But that authority having been provided may be proven, it suffices that one of the tutors has provided it.
When tutors or curators cease to be. 60. If the person to whom someone was adjoined ceases to be a tutor, not by the will of the ward.
On the actor representative given by a tutor or curator. 61. Namely, for seeking the things of the ward.
On the excuses of tutors and curators and their time limits. 62.
If a tutor or curator has been excused by false allegations. 63.
If any curator is absent on account of the state. 64.
On the excuses of veterans. 65.
If they excuse themselves by the number of their children. 66.
If they excuse themselves by illness. 67.
Those who excuse themselves by age. 68.
Those who excuse themselves by the number of guardianships. 69.
On the curator of a madman or a spendthrift. 70. Even if of full age.
On the estates and other things of minors not to be alienated or encumbered without a decree. 71.
When a decree of the Praetor or the Prince is not necessary. 72.
If someone, ignorant that the thing belonged to a minor, purchased it without a decree. 73.
If a person, having become of age, has ratified an alienation made without a decree. 74.
Regarding magistrates, the same is to be said concerning the valuation of the ward's patrimony, being sued. 75. The ward has recourse against them, provided the tutors, colleagues, and sureties have first been exhausted.
On the right of masters over slaves.
On fugitive slaves and freedmen, and the slaves of cities, craftsmen, and those assigned to various works; and those pertaining to private or imperial property. 1.
On theft and the corrupting of a slave. 2.
On the right of patrons over freedmen, of which more fully below in book 7.
On the services of freedmen. 3.
On the goods of freedmen, and the right of patronage. 4.
If an alienation was made by freedmen in fraud of the patron. 5.
On the acts of deference to be provided to the patron. 6.
On freedmen and their children. 7.
On the right of golden rings, and on the restoration of birth status. 8.
On the right of successors to the goods of the deceased, and they are successors or Praetorian, who are called possessors of goods.
Who can be admitted to the possession of goods and within what time. 9.
When the shares of those not seeking them accrue to those who do seek them. 10.
As often as one of those to whom the possession of goods is deferred is excluded from possession, either by time or by repudiation, his share accrues to another.
Species
From testament.
On the possession of goods according to the documents. 11. Of the deceased, namely, if they are just and legitimate, which is given by the Praetor to all written heirs.
On the possession of goods against the documents, which the Praetor promises to children. 12.
On the possession of goods against the documents of a freedman, which is given to patrons and their children. 13.
From intestacy.
Whence children. 14. Was given to emancipated persons whom the Praetor wished to be admitted to the father's inheritance, not to those who had remained under paternal power.
Whence legitimate, that is, agnates, and whence cognates. 15.