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TITAE XIV VT. 3time. Los os status os an hin ordinarii extinguishes ariola is agnation, sor agnation is a titte os civi law. Noteve ain os los os status, however, assecla rights by co nationa heca e civit changes cannot affect right annexe to natural ille to the fame eκtent that thenca affect inose amneκω to a civit one.
OF LOS OF STATUS. Los os status, o change in one' protous civi righis, is of three orders, greatest, minor o intermediate, an least.
The greates lossis status is the simultaneous lossis citieten 1 shi and reedom, exemplifie in hos persons ho by a terribi sentence are mades flaves os punishment, in De me condemne sor ingratitude to thei patrons, an in those who allo themselves to e sold in orde to hare the Purch e-money hen aid. inor o intermediate os os 2 status is lossis citigenship unaccompanie bycios os liberty, an is inciden to interdictio os ire and water an to deportation to an istand The leas tos os status occurs whe 3 Citigenshi and Deedomare retesned, ut a man' domestic position is altered, an is exemplifie is adrogation andemancipation flave cloes no suffer os os status by 4 in manumitted, o whil a lave he hadiso civi righis: and where the change is ne os dignity rather han os civit 5 righis, there is nouos os status; thus it is nocios o statusto be remove seom the senate. When it was sal that rights by cognation re not assectedinis os os status, ni the least os os status a meant; by the greates lossis status they are destroyed-sor instance, is a cognate' becomin a flave nesare notueCovere evenis subsequent manumission Again, deportation to an istano, whic entatis minoris intermediate los os status, destroys rights by cognation. When agnates are entille to beamardians it is no at who are so entilled, ut ni thoseos the eares degree, or is there are many ali quallytogether.
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parent emancipales a Son or aughter, a grandSO O grand-daughter, or ther descendant hil unde the age os
puberty, he ecomes hei statutor mardian: ut is at his deat he leaves male children, thembecome fiduciarnmardians
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who ha been thus emancipaled But o the deceas os a Patron hesis statuto quardian his childrei come statuto maestans also sor a son os a deceased person, supposinghim notrio have been emancipaled during his sather'cli time, comes independent at the alter' death, and does no fallunde the power of his rothers, nor, Consequently undertheir mamianshim; hereas a Deedman, ad he remaineda flave, ould at his master'ideat haves come the lave os the alter' children. The guardianshi howeve is no caston these person unles the are os sul age, hic inde has been made a genera rule in marclianshiman curator-
Fallin everriother kin os Dardian, a Rome onerased toti appotnte unde therae Atilia by the praetoris the ityand the majorit os the tribunes of the eopte in the province one Was appotnte unde thecie Julia et Titi by the
president of the province Again, o the appotniment os a Itestamentar Gardian subjecto a condition or on an P- miniment limite to tali effect aster a certain time, a sutastitute could e appoinred unde these statutes cluring the pendenc os the condition or besore the expiratio of the term and even is no condition was attache to the appotnt- mentis a testamenta auardian, a tempora guardian couldbe hisine unde these statutes unti the succession ad vested. In ali these cases the mce of the vardian soappointe determine a soon a the condition a sulfilled, o the term κpired, o the succession veste in the heir. On the captureis a Dardian by the enemy the fame statutes 2 regulate the appotniment os a substitute, lio continue in ossice unti the retur of the captive Morcisae returned hermovere the mardianshi by the law os postliminium Butraguardians have no cerae to e appotnte unde thesestatutes, the place of the magistrates directed by them to
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a BOOK Lappoint Ming taken firsi, by the consuls who began to P-point maestans to pupiis os either se aster enquir into thecase, and the by the praetors, who were substitute so the consulcis imperial constitutions Mor these statutes containeano provision acto securi aken rom maestans sorine aset os thei pupiis property, or compelling them to accepi the ossice in caseis disinclination. Unde the presentia , mardians are appotnte a Rome by the presecti theci , and by the praetor hen the case salis lini his urisdictiona in the provinces thenare appotnted aster enquiry, by the governor, o by inserior magistrates a the alter'sx hest is the pupil' properi is o no great value By Our constitution however, have done away wit ali dissiculties os this kin relatin to the appotntin person, an dispenSed with in necessit os attinisor an orcle sto the governor, 'nacting that is the propert of the pupi or adult domno exceed ve hundred solidi, guardian or curatore halibe appotnte by the mcer known as defender os the ity, along it in hol bisho os the place, an besore ther public persons that is to say the magistrates, o the udge of the cityis Alexandria securi iein give in the amounts required by the constitution, and those ho tali it Ming
accordance illi thema os nature, hic prescribes that person os immature eam halli unde another' guidance an control. As Dardians have the anagement of their pupiis bufiness, the are table to e sue on account of thei administratio as Oon a the pupil attain the ageos puber . TITLE XXI.
delivernos property though it is othemise here heris thepromisor sor it is an stablished ut that the Dardian's authorit is no necessar sor an ac by hicli the pupil
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NTLES X XXV a Simpi improves his own position though it cannot be dispense with here e proposes to mali it orse Con- Sequently unles the mamian authorises ali transactions generatin bilatera obligations suis a Sale, hire, agenCy, and deposit, the pupi is notiound though he an compelthe ther contractin partyrio discharge his own obligation. Pupiis howeve require their mamian's authorit besore they ICan enter on an inheritance, demand the possessionis goods,or accepi an inheritance by wayis trusi, even though suchac be Qvantageous to them, an involves no hanc os
Ioss. I in mandian ininis the transaction,illie beneficiat 2 to his pupil, his authorit should e give presently an onthe spoL Subsequent ratification, or authorit give is
linter has no effeci. In caseis a sui belween guardian andra Pupit, a the forme cannot lawsuli authoris an ac in hichhe is personali concerne or interested a curator is noWap inted incite os the old praetoria mardian with Whose C operatio the fuit is carrie on, his office determiningas Soon ascit is decided.
Pupiis os either secare Deed romauardianship when theyreac the age os puber , hich the ancients were incline to determine, in the caseis males, no oni is age, but also byresereno to the physica development of individuals Our majest howeve has deeme it no vnworth of the puri os our times t appi in the case of male also the morat Considerations hich, me among the anciendi, sorbade in the caseis semales a indecent the inspectio of the person. Consequently by the promulgationis our sacre constitution e have enacte that pubert in males hali e consideredis commenc immediatet o the completion os the our- stent year, leavin unaltere the rule judiciousl laid do nis the ancient acto emales, accordin to hic the arehel fit for arriam aster completin their twelst year. Again tutelage is terminate by adrogationis deportation 1
os the pupillefore he attain the age os puberty, o b his
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unti the occurrenc os a condition on his Occurrenc his
3 ossice determines. Similari tutelage is terminate by the 4 deat either os pupil oris guardian. Is a guardian suffers such a los os status assentatis os of ither liberi orcitigenship his ossice hereb completet determines It showeve only the statutor hin os Damianship hic is destroyed by a mardian' underming the leastrios os status sor instance, is his givin himself in adoption Tutelage is in very Case ut an en to by the pupil' suffering ossis
2 praetor or overnor of the province A person ho has reache the age os puber mannot e compelle to have a Curator, except so the purpos os conductin a suit sorcurators, unlike Dardians, an te appotnte sor a parti- cular matter Lunatic an prodigais, even though morethan wenty-five ear os age, re by the statute os theTwelve Tabies place unde thei agnates a curator I ut no a a rule curator are appotnte so them a Rome by the presectis the cit o praetor, an in the provinces by the goVernor aster enquir into the case. Curator silout also
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no competentrio manam theiriwn assairs. Sometimes eveni pupils have Curatore, as sor inStance, hen a Statuto
mamian is unfit for his ossice sor is a pupillatready has one ardian, he anno have another given him. Again is a
testamenta AEuardian or ne appotnted by the praetor or vernor, i no a good an os usiness, though persectly honest in his management of the pupil' assaire, it is usua sora curator o be appotnte to ac with him. Again, curatoreare usuali appotnte in the oom os uardians temporarilyexcused rom the cluties of thei ossice. Is a mardian is prevente Dom managinihi pupil' assair Gis ill-health or ther navoidable cause, and the pupil is sentis an infant, the praetor ora emor of the province Will, at the mardian' rish, appoin is decree a person selected by the lalter to actis agent of the pupil.
To revent the properi os pupiis and of person undercuratorcsrom heing, te or diminished by thei curator orguardians the praetor provides o securi iein give by the lauer against maladministration. his ut howeve is notwithout eκceptions, sor testamenta auardians are not obligedio ove security the testator havin had sui opportunities os personalty testin thei fidelitnan caresuiness, an mardians an curator appotntedisponisnqui rure Similarly exempted, cause the have been eκpressinchosen a the best me sorine place. I two or more re appotnted by testament, or ih a magistrate pon enqui , any one os them ma offer securit sor indemni in the pupilis person to homine is Curator against loss, and e reserre to his colleague, inorde that he manetther obtain the sole administration, relae induce his colleam to osse large securi 'han himself, an so ecome sole administrato by preserence Thus hecannot directly callispo his colleam to ove securi heought to offer ichimself, and so vive his colleague the optionis
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3 BOOK I. receiving securitnon the one hand oris giviniit omine other. Is non os inem osse securi , and the testator test directionsas to hic, acto administer the properim this person mustundenali it in desaul of this, the mce is cas by the praetor' edici omine person whom the majorit os maestansor curatore hali ch se. Is the cannot agree, the praetor must interpose. The fame rute, authorisin a majorit toelectisne to administer the proper , is to e applied where severa are appotnte aster enqui magistrate. It isto e note that hesides the labilit os maestans and
curator to thei pupiis, o the person sor homine ac so the anagement of thei proper , there is a subsidia actio against the magistrate accepting the security, hichmay be resone to where allisther remedies prove in equare, and whic lies against hos magistrates h have either altogether omitte tonahe securit stomauardian or CuratorS, or ahen it to an insumcient amount. Accordin to the doctrines state by the jurisis, as et a b imperia constitutions, his actio may be brouo against the magistrate'sa heir a weli as against him personalty and these sam Constitutions ordain that mardian or curatore ho mahe desauit in givin securit ma be compelle to do so h legat dis traint of thei m s. his actio howeve williso lie against the presect of the ity the praetor, o the governor os a P Vince or an other magistrat authorised to appotnt Gardians, ut only against hos to hos usual uties thetakin os securi longS.
o GUARDIANS AN CURATORS GROUNDS OF EXΕΜΡΤΙΟΝ. There are various ground on hic person are exempted seo servin the ossice of guardian or curator, os hic themos common is their havin a certain umber os children, whether in powe or emancipaled. Is that icto say, a mantias, in Rome three childre living, in Ital Mur, o in the provinces fiue, he manclaim exemption rom these a Domother public ossices sor it is setile that the mce of aguardian or curator is a publicine. Adopted children cannov
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NNES XXIV XV. 3 rechone so this pur se though natura childre oveniri adoption to thers may similari grandchildren hy a sonmay be rectaned, Soracto represent thei sather, hile thoseis a clauoter may not. t is howeve oni livin ch1loren o aves to excuse thei father Dom servin a mardiano curator such as have die areis no account though thequestion has arisen hether his ut cloes no admit os an EAception here the have die in War an it is agreed that this is so, ut ni here the have falle o the fiet ostiatile so these, hecause the have die so their count , are cleeme toclive eternali in fame. The Emperor arcus 1 to replied by rescript ascis recorde in his Semestria, thatemploymen in the service of the re urnis a valid excusesrom servin a mardian or curator socion a that employment lasis Again thos are κcused rom theseimces hora are absent in the service of the stateri an a perso Hready mardian or curator lio has to absent imself, public sines is excused rom actin in either of these capacities during Such absence, a curator hein appotnte to aci temporarit in his stead On his retum, he has to resume thebumen os the tutelage, Without ein entille to laim a yeas eκemption, as has been setile since in opinion os
Papin1an was delivere in the fifth book of his repties sorine ear' exemptioni vacation elong onlyrio such as are calle to a new tutelage. B a rescript of the Emperor 3 Marcus person holdin an magistracy may plea this as aground os exemption, though it,illiso enabi them to resignam ce of this hin atready entere upon. o Dardian or 4 curator can excuse himselfin the ground of an actio pending tween himself an his aes, uni scit relates to the lalter's hole estate oro an inheritance Again a man who sialready guardian or curator to three person without havingsough after the ossice is entille to eκemption rom surther
burdens os the in s longis hecis actualty engaged withthese provide that thecioin guardianshipis severa pupiis,
o admin1strationis an undivide estate, as here the wamsare brothera, is rechone as ne only. I a man an prove 6
that through overt he is nequa to the burde os theomce this accordinito rescripta os the imperial brother ancl
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health again is a sumcient excuse i it e such a to prevent a man rom attendin to even his own assaim an in Em- peror ius decide by a rescript that person unablerio readought to e κcused though even these are o incapables os transactinibvsiness. A man to is at once excuse is heca stio that a sather has appotnte him testamentata mardian ut os enmi , while converselymo ne an in nycas claim exemption who promise the ward's sather that he 10 would acvas Damian to them an it was Settied by a rescriptos, Aurelius an L. Verus that the allegatio that one as unacquainted wit the pupil' sather cannot he admitted 11 a Myound os excuse Enmity against the ward's ather, is extremel bitter, an is there a no reconciliation is usuallyaccepted as a reason sor exemption stom the ossice of guardian 1 and similarina person an laim to cusem hos status
o civi right have been dispute by the fallier of the ward
13 in an action Again a person ver event years os age Canclaim tot excused rom actin asinuardian or Curator, and
by the olde law person les than twenty-five were similarly exempted Buttur constitution, havin sorhidde the lauerto aspire to these iunctions has made excuse UnneceSSA .
The effectis this enacimen is thatio pupinor person undert enly-five eam os age is to e calle to a statuto Damianshipri or it was mos incongruous o place PersonSunde the maestanshi or administration os hos in areknown themselvecto nee assistanc in the management of their own assaim, an are themselves overne by thers. 1 The fame ut is to e observe wit soldiers, ho eventhough the destre it mannot be admitte to the mce os 15 guardian and finalty grammarians, rhetoricians and physicians a Rome, and those ho solio these callings in their own count an are,ithimine number fixe by law, are exemptediso Ming mardian or Curatore. 16 Is a person ho has severat ground os excuse Wishes toobtain exemption an some of them in no allo ed hecis
no prohibite seo alleon others, provide he oes his within the time prescribest Those destrous os excusing them-selves do no appeat, ut ought to allege heir ground os