Cura minorum at principate

• Autores: Marija Ignjatovic
• Localización: Ius romanum, ISSN-e 2367-7007, Nº. 1, 2015, págs. 318-331
• Idioma: inglés
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• Resumen

  • In the first period of the development of Roman law, the role of tutors was very significant and the expression ius vitae ac necis could be used to describe it. With the passage of time, as the state organization was becoming more developed and the state control was becoming more prominent, tutors lost their right to manage assets of pupila, and they could only watch over it as a property manager. Thus, an important step in the development of the institution of guardianship (cura) was made, and, in this period, its sole purpose was to provide protection for persons who could not take care of themselves, because of their immaturity or certain disabilities, and who were deprived of parental care due to particular reasons. In the direction of further development of this institution, the classical period in the development of Roman law is especially important. In this period, the scope of authority of tutors/guardians was expanded, and, at this point, they also became custodians of property and personality of pupila, and it was specifically requested from guardians to provide in advance all means which were necessary to preserve the assets of their pupila. This became especially prominent when the principle ius representationis was introduced, which shaped the role of tutors/guardians entirely, providing legal security within guardianship.