Disputatio de tutelis

regarding which, so that I do not exceed the scope of these theses, I shall answer when questioned.

XXXIX.

Furthermore, anyone who does not manage a guardianship in good faith can be summoned by anyone as a suspect.

XL.

So much so that this accusation, which is considered quasi-public, is open even to unrelated women, provided they are moved by genuine compassion and do not overstep the modesty of their sex.

XLI.

In this case, security provided by the accused is not to be accepted, but he must immediately be forbidden from the administration of the guardianship.

XLII.

Moreover, since a tutor not only has power and authority over the pupil but also manages his property, it has been most equitably established by the latest constitutions of the Empire that he should not wait until the guardianship is finished, according to the prescription of Civil Law, but should render an account of his administration every year, and upon rendering the account, restore whatever remains of the pupil's property.

XLIII.

He is held accountable not only for what has been done but also for what has been omitted.

XLIIII.

To such an extent that his own goods are tacitly pledged to the pupil until he has rendered a perfect account.

XLV.

However, Ulpian replies that upon the death of the tutor, his successors are held accountable to the pupil or his heir.

XLVI.