Disputatio de tutelis

If it cannot be replenished, he himself or his heirs shall be compelled to pay.

XXVII.

The Emperor does not wish for this action to bind higher magistrates who have appointed a tutor following an inquiry, for such a tutor is not compelled to provide security original: "satisdare".

XXVIII.

However, today, by the constitution of Charles V, every tutor, whether testamentary, legal, or dative, is compelled to provide security; nor can he manage the guardianship before the administration has been decreed to him by the magistrate.

XXIX.

By this same constitution, it is also provided that the tutor, having formally drawn up an inventory of all the pupil's property, instruments, and rights, must affirm under oath that he will serve the pupil's interests in all things and that he will undertake his defense without delay.

XXX.

If the tutor does not fulfill these requirements today, no act performed by him will have any legal force, with the sole exception of that which could not wait for any delay.

XXXI.

Furthermore, since a tutor is given principally for the person, it happens that although the pupil can improve his own condition and bind another to himself even without the tutor's authority, he cannot bind himself to another, not even by the law of nature, unless the tutor is present and immediately interposes his authority.