Latin
Lines 1.301-1.315
Roman Law and Society, Institutes of Justinian 1.301-315
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7. Illness also, if it prevents a man from superintending his own affairs, affords a ground of excuse.
8. So, too, a person who cannot read must be excused, according to the rescript of the Emperor Antoninus Pius; but persons who cannot read are sometimes considered capable of administering.
9. If it is through enmity that the father appoints by testament any one as tutor, this circumstance itself will afford a sufficient excuse; just as, on the other hand, they who have promised the father of the pupils to fill the office of tutor, cannot be excused.
10. That the tutor was unknown to the father of a pupil is not of itself to be admitted as a sufficient excuse, as is decided by a rescript of the imperial brothers.
11. Enmity against the father of the pupil or adult, if of a deadly character, and no reconciliation has taken place, is usually considered as an excuse from being tutor or curator.
12. So, too, he whose status has been called in question by the father of the pupil, is excused from the office of tutor.
13. Persons above seventy years of age may be excused from being tutors of curators. Persons under the age of twenty-five were formerly excused, but, by our constitutio, they are now prohibited from aspiring to these offices, so that excuses are become unnecessary. This constitutio provides that neither pupils nor adults shall be called to a legal tutelage. For it is absurd that persons who are themselves governed, and are known to need assistance in the administration of their own affairs, should become the tutors or curators of others.
14. The same rule holds good also as to military persons. They cannot, even though they wish it, be admitted to the office of tutor or curator.