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The Institutes of Justinian by Unknown
page 32 of 272 (11%)
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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