Disputatio de tutelis

XXI.
Furthermore, from the very fact that the Twelve Tables decreed that the inheritances of children and freedmen, if they died intestate, should pertain to their patrons or their children, the ancients believed that the same Law intended that guardianships should also pertain to them.

XXII.
By a like reason, since parents today succeed to their children, and brothers to their brothers who are minors and emancipated by the new law, it follows that they too, with Fiduciary guardianship having been abolished, become their legal guardians according to the constitutions of the Emperors.

XXIII.
But if there is no room for Legal guardianship, one recurs to Dative, which is today usually given by the municipal magistrate upon the petition of the mother or relatives, regardless of how great the pupil's assets may be.

XXIIII.
It is necessary, however, that both the pupil and the tutor be subject to the jurisdiction of that magistrate.

XXV.
Before the magistrate decrees the administration of the guardianship to the tutor, he will primarily take care that the tutor, having given sureties, provides caution that the property of the pupil will be safe. And unless he provides such caution, he will coerce him by seizing pledges.

XXVI.
If he neglects to do this, and has required no security or an inadequate one, all that loss which arises from the goods of the tutor or that of his surety may be recovered by a Subsidiary action.