The Institutes of Justinian by Unknown
page 32 of 272 (11%)
page 32 of 272 (11%)
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and this guardianship, like that of agnates, is called statutory
guardianship; not that it is anywhere expressly enacted in that statute, but because its interpretation by the jurists has procured for it as much reception as it could have obtained from express enactment: the fact that the inheritance of a freedman or freedwoman, when they die intestate, was given by the statute to the patron and his children, being deemed a proof that they were intended to have the guardianship also, partly because in dealing with agnates the statute coupled guardianship with succession, and partly on the principle that where the advantage of the succession is, there, as a rule, ought too to be the burden of the guardianship. We say `as a rule,' because if a slave below the age of puberty is manumitted by a woman, though she is entitled, as patroness, to the succession, another person is guardian. TITLE XVIII OF THE STATUTORY GUARDIANSHIP OF PARENTS The analogy of the patron guardian led to another kind of so- called statutory guardianship, namely that of a parent over a son or daughter, or a grandson or granddaughter by a son, or any other descendant through males, whom he emancipates below the age of puberty: in which case he will be statutory guardian. TITLE XIX OF FIDUCIARY GUARDIANSHIP There is another kind of guardianship known as fiduciary guardianship, which arises in the following manner. If a parent |
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