The Institutes of Justinian by Unknown
page 42 of 272 (15%)
page 42 of 272 (15%)
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as one only. 6 If a man can prove that through poverty he is
unequal to the burden of the office, this, according to rescripts of the imperial brothers and of the Emperor Marcus, is a valid ground of excuse. 7 Ill-health again is a sufficient excuse if it be such as to prevent a man from attending to even his own affairs: 8 and the Emperor Pius decided by a rescript that persons unable to read ought to be excused, though even these are not incapable of transacting business. 9 A man too is at once excused if he can show that a father has appointed him testamentary guardian out of enmity, while conversely no one can in any case claim exemption who promised the ward's father that he would act as guardian to them: 10 and it was settled by a rescript of M. Aurelius and L. Verus that the alleg- ation that one was unacquainted with the pupil's father cannot be admitted as a ground of excuse. 11 Enmity against the ward's father, if extremely bitter, and if there was no reconciliation, is usually accepted as a reason for exemption from the office of guardian; 12 and similarly a person can claim to be excused whose status or civil rights have been disputed by the father of the ward in an action. 13 Again, a person over seventy years of age can claim to be excused from acting as guardian or curator, and by the older law persons less than twenty-five were similarly exempted. But our constitution, having for- bidden the latter to aspire to these functions, has made excuses unnecessary. The effect of this enactment is that no pupil or person under twenty-five years of age is to be called to a stat- utory guardianship; for it was most incongruous to place persons under the guardianship or administration of those who are known themselves to need assistance in the management of their own affairs, and are themselves governed by others. |
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