Guardianship In Roman Law Essay

In the Roman period there might have been people who fall under no potestas, however owning personal property. Due to reason of age or sex or for the matter that they might have heredes they required special protection for a third person. This form of protection could only be given by what is referred to as tutela. However Roman law knew two kinds of guardianship distinguished as tutelar and curate ( sometimes also referred to as cura ).

2. Tutorship

Tutelage is, as Sulpicius Servius consul and author of the first commentary of the Edict in 51 B.C defines Tutela as “the force and power granted and all owed by the civil law over a free person, for the protection of one who on account of this age, is unable to protect himself of his own accord.” So tutors are those who have this force and power, and take their name from office …show more content…
Every paterfamilias had power to appoint by testament a Tutor for the children who were under his power. The power to appoint a tutor by will was not confirmed by the the Twelve Tables, however the nearest record of a Testamentary ( Tutela Testamentaria) was given by the Tarquinius Priscus where a paterfamilias might by his will appoint a tutor to his sons or any other of his descendants in power below the age of puberty, whereby by the death of the paterfamilias will become sui juris. This form of tutorship is considered of being one of the oldest legal institutions in Roman Law. In matter of fact it was the nearest of kin that was most of the time appointed to be a Tutor and if a testator passed over such, it was a reflection on their character, that is, that we are assuming that the testator himself is of a good reputation. On the one hand Tutors appointed by will according to Gaius were referred to Tutores Dative but by default of other tutors this type of tutorship was made by the magistrates and thus appointed to property rather than