# Institutes of Justinian 1.289-299

Roman Law and Society, Institutes of Justinian, Lines 1.289-1.299. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-justinian/1.289

1. The Emperor Marcus declared by rescript in his Semestria, that a person engaged in administering the property of the fiscus is excused from being tutor or curator while his administration lasts.
2. Persons absent on the service of the state are excused from being tutors or curators; and if those who have already been appointed either as tutors or curators should afterwards be absent on the public service, they are excused during their absence, and meanwhile curators are appointed in their place. On their return, they must again take upon them the burden of the tutelage; and, according to Papinian's opinion, expressed in the fifth book of his answers, are not entitled to the privilege of a year's vacation, which is only allowed them when they are called to a new tutelage.
3. By a rescript of the Emperor Marcus, all persons invested with magisterial power may excuse themselves; but they cannot abandon the office of tutor, which they have already undertaken.
4. No tutor or curator can excuse himself by alleging a lawsuit with the pupil or adult; unless the suit embraces the whole of the goods, or the property, or is for an inheritance.
5. Three tutelages or curatorships, if unsolicited, serve as an excuse from filling any other such office, while the holder continues to discharge duties. But the tutelage of several pupils, or the curatorship of an undivided property, as where the pupils or adults are brothers, is reckoned as one only.
6. Poverty is a sufficient excuse, when it can be proved such as to render a man incapable of the burden imposed upon him, according to the rescripts given both by the imperial brothers together, and by the Emperor Marcus singly.

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Roman Law and Society, Institutes of Justinian. 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/institutes.html.