1.1.216 to 1.1.223

(173) Moreover, by a Decree of the Senate, women are permitted to demand another guardian to take the place of one who is absent; and this having been granted, the first guardian ceases to hold his office, nor does it make any difference how far he may be from home. (174) An exception, however, is made in the case of an absent patron, as a freedwoman is not permitted in this instance to demand another guardian. (175) Again, in the same class with the patron we have a parent who has obtained legal guardianship from the fact that he has manumitted his daughter, granddaughter, or great-granddaughter, who has previously been remancipated by himself. His sons, however, are only considered to occupy the places of fiduciary guardians, but those of a patron obtain the same guardianship which their father possessed. [1] Prior to the enactment of the Lex Claudia ,the res mancipi of a woman under the tutelary control of agnates, were not subject to usucaption, unless the transfer had previously been sanctioned by her guardian. —ed. (176) Sometimes, however, it is permitted to demand a guardian to take the place of an absent patron; as for instance, where an estate is to be entered upon. (177) The Senate decreed that the same rule should apply to the son of a patron who was himself a ward. (178) For by the Lex Julia ,enacted for the purpose of regulating marriages, a female who is under the legal guardianship of a ward is permitted to demand a guardian from the Prætor of the City for the purpose of constituting her dowry. (179) For the son of a patron, even if he is under the age of puberty, becomes the guardian of a freedwoman, although he cannot perform any legal act, as he is not permitted to do anything without the authority of his guardian.