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Children in the infantia stage are considered to have full legal capacity.
Children in the infantia stage are considered to have full legal capacity.
False (B)
A child is presumed to have intellectus at the age of 7 during the infantiae proximus stage.
A child is presumed to have intellectus at the age of 7 during the infantiae proximus stage.
True (A)
In the pubertas stage, women were granted equality with men under Roman law.
In the pubertas stage, women were granted equality with men under Roman law.
False (B)
The prodigus could engage in any financial transactions without restrictions.
The prodigus could engage in any financial transactions without restrictions.
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Furiosi can enter into valid contracts during a lucid interval.
Furiosi can enter into valid contracts during a lucid interval.
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Tutela impuberum applies to children who are subject to patria potestas.
Tutela impuberum applies to children who are subject to patria potestas.
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Tutors can charge for their services while acting under tutela.
Tutors can charge for their services while acting under tutela.
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A tutor testamentarius is appointed by the will of a paterfamilias.
A tutor testamentarius is appointed by the will of a paterfamilias.
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Women in the classical period possessed full legal capacity.
Women in the classical period possessed full legal capacity.
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A woman under tutela perpetua could choose her tutor.
A woman under tutela perpetua could choose her tutor.
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The curator has control over the person of the minor.
The curator has control over the person of the minor.
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Caracalla's 'vena aetatis' allowed males of 20 to manage their affairs without a curator.
Caracalla's 'vena aetatis' allowed males of 20 to manage their affairs without a curator.
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The actio negotiorum gestorum was designed for claims between curator and minor.
The actio negotiorum gestorum was designed for claims between curator and minor.
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A woman under tutelage required a curator to administer her affairs at all times.
A woman under tutelage required a curator to administer her affairs at all times.
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Lex Plaetoria allowed transactions involving minors to be punished for any fraudulent actions.
Lex Plaetoria allowed transactions involving minors to be punished for any fraudulent actions.
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Cura Prodigi applies to individuals who are unable to manage their finances due to excessive spending.
Cura Prodigi applies to individuals who are unable to manage their finances due to excessive spending.
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The tutorship of agnates for women of full age was abolished by Augustus.
The tutorship of agnates for women of full age was abolished by Augustus.
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Cura Furiosi was concerned with individuals suffering from mental incapacity.
Cura Furiosi was concerned with individuals suffering from mental incapacity.
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A tutor appointed by will is required to provide security for the administration of the pupillus's property.
A tutor appointed by will is required to provide security for the administration of the pupillus's property.
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Tutelage for a pupillus begins immediately after the death of the paterfamilias.
Tutelage for a pupillus begins immediately after the death of the paterfamilias.
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Under the 12 Tables, if there is no tutor testamentarius, tutelage will fall on the nearest agnates.
Under the 12 Tables, if there is no tutor testamentarius, tutelage will fall on the nearest agnates.
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If a pupillus entered a contract without his tutor's authority, he would incur no liability.
If a pupillus entered a contract without his tutor's authority, he would incur no liability.
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A tutor can be removed for anticipated misconduct as well as actual misconduct.
A tutor can be removed for anticipated misconduct as well as actual misconduct.
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The tutor is responsible for settling the debts of the pupillus.
The tutor is responsible for settling the debts of the pupillus.
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Marcus Aurelius allowed slaves to act as tutors.
Marcus Aurelius allowed slaves to act as tutors.
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A tutor fiduciaris is appointed by legal operation without any discretion.
A tutor fiduciaris is appointed by legal operation without any discretion.
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The duties of a tutor include providing for the education of the ward and appearing in court annually.
The duties of a tutor include providing for the education of the ward and appearing in court annually.
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Under Claudius, the tutor had to apply for exemption based on any grounds.
Under Claudius, the tutor had to apply for exemption based on any grounds.
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Tutoring came to an end when the pupillus reaches the age of maturity.
Tutoring came to an end when the pupillus reaches the age of maturity.
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A tutor could be liable for damages due to negligence or fraud in fulfilling their duties.
A tutor could be liable for damages due to negligence or fraud in fulfilling their duties.
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Women were allowed to act as tutors, except those who were widows.
Women were allowed to act as tutors, except those who were widows.
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An actio contraria tutelae allows a tutor to reclaim legitimate expenses incurred.
An actio contraria tutelae allows a tutor to reclaim legitimate expenses incurred.
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Study Notes
Legal Capacity in Roman Law
- Infancy (Infantia): Children lacked legal capacity. Unable to speak properly, they lacked intellectus (intelligence) and judicium (judgment).
- Infantiae Proximus: Could speak, but still lacked intellectus and judicium. Intellectus presumed at age 7 in later Empire.
- Pubertati Proximum: Lacked judicium, but could participate in transactions binding another party, not themselves, unless authorized by their tutor.
- Puberty (Pubertas): Full legal capacity at age 14 for males and 12 for females.
Women's Legal Capacity
- Inequality: Women were not equal to men under Roman law. They couldn't participate in public life, hold office, adopt, or engage in formal transactions without a tutor's authority in earlier periods.
Prodigals (Spendthrifts)
- Full Legal Capacity: Despite having full legal capacity, prodigals (spendthrifts) faced Praetorian interdiction. This prevented them from dissipating their property—especially in ways that could negatively affect their children's financial stability. They were required to have a curator.
Lunatics (Furiosi)
- Limited Capacity: Lunatics lacked full legal capacity. Contracts made during lucid intervals, however, were valid after the classical period. They needed a curator.
Tutela Impuberum
- Guardianship of Minors: This applied to those below puberty who were not under patria potestas. Tutors acted like contemporary trustees, responsible for the ward's property and wellbeing.
- Duties: Tutors had to manage property with utmost care (maxima diligentia), couldn't profit from the ward's wealth, and had to account for their actions. It was a public duty.
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Types of Tutors:
- Testamentarius: Appointed in a will. The tutor could refuse but after Claudius, could only refuse on specified grounds.
- Legitimus: Appointed by law. The tutors were the closest male relatives (Agnati) and optionally the father or master.
- Fiduciarius: Two meanings: Relatives stepping in after estate.
- Dativus: Appointed by magistrate. (e.g., Praetor Urbanus, the Plebeian Tribunes and Provinces)
Tutors and Curators
- Duties: Administration of the ward's finances, including investments, settling debts, and selling perishable goods.
- Interposition of Authority: Tutors represented wards who lacked judgment for legal actions.
- Education: Tutors responsible for the ward's education, appearing in court to discuss payment towards that expense.
- Protection: Oaths taken to safeguard the ward's property, backed by security.
- Removal: Potential removal for misconduct, fraud, or negligence.
Cessation of Tutelage
- Age of Puberty: Legal capacity was gained
- Death: Death of tutor or ward.
- Discharge: By magistrate.
- Conditions/Time Limits: Completion of terms in will.
- Misconduct: Removal for misconduct.
Tutela Perpetua Mulierum (Perpetual Tutelage of Women)
- Limited Capacity: Women, even those sui juris, were subject to perpetual tutelage.
- Role of the Tutor: Confined to auctoritas interponere (authorizing transactions).
- Modifications: Modifications by Justinian applying tutelage only to women under puberty.
Cura (Guardianship)
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Cura Minorum (Curatorship of Minors): Established to address the need for guardianship of those reaching puberty but lacking experience. Primarily focused on the management of the minor's property.
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Age of Majority: Full legal capacity at age 25.
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'Vena Aetatis': Regulations for earlier independence for minors (20 males, 18 females). Though specific transactions still needed court approval.
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"Cura Prodigi" (Curatorship of Spendthrifts): Prevent prodigals wasting property.
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"Cura Furiosi": (Curatorship of Lunatics): Management of a lunatic's property.
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Other Curatorships: Appointment to manage others' affairs due to disability.
Cessation of Cura
- Age of Majority/Vena Aetatis
- Misconduct: Removal of tutor.
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Description
Explore the nuances of legal capacity under Roman law, focusing on the stages of infancy, puberty, and the legal status of women. This quiz covers the responsibilities and limitations placed on different individuals regarding legal transactions. Delve into the complexities surrounding spendthrifts and their legal standing.
