# Institutes of Gaius 1.1.239-243

Roman Law and Society, Institutes of Gaius, 1.1.239 to 1.1.243. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/1.1.239

others again, hold that there are as many kinds of guardianship as there are forms of the same. (189) The law of all states declares that persons who have not reached puberty shall be under guardianship, because it is consonant with natural reason that one who is not of full age should be controlled by the guardianship of another. Indeed, there is scarcely any state in which parents are not permitted to appoint testamentary guardians for their children; although, as we have stated above, only Roman citizens are considered to have their children subject to paternal authority. (190) There does not seem to be any good reason, however, why women of full age should be under guardianship, for the common opinion that because of their levity of disposition they are easily deceived, and it is only just that they should be subject to the authority of guardians, seems to be rather apparent than real; for women of full age transact their own affairs, but in certain cases, as a mere form, the guardian interposes his authority, and he is often compelled to give it by the Prætor, though he may be unwilling to do so. (191) Therefore, a woman has no right of action under the guardianship against her guardian, but where guardians transact the business of their male and female wards, they must render an account of their guardianship in court, after their wards arrive at the age of puberty. (192) The legal guardianship of patrons and parents are indeed understood to have a certain effect, for the reason that they cannot be forced to give their consent to the making of a will, to the alienation of property subject to mancipation, or to the assumption of obligations; unless there should be some urgent reason for the alienation of such property, or for undertaking the obligations aforesaid. These provisions have been made for their own benefit, in order that where the estates of persons who have died intestate belong to them, they can neither be excluded from them by will, nor have the estate come into their hands diminished in value on account of debts which have been incurred, or through the alienation of the most valuable part of the property.

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
License: Used with permission (https://www.thelatinlibrary.com/about.html). Source: http://thelatinlibrary.com/law/gaius.html.