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Libros en Google Play. As to the termination of tutela mulierum, the same rule holds as in respect of tutela impuberum. By a decree of the senate women are allowed to apply for a new tutor in the place of one that is absent; and the former ceases to be tutor upon this application being entertained, neither does it matter how far distant such tutor shall be.

Likewise, by a decree of the senate, a tutor is appointed to a woman whose tntor is absent, unless he that is absent is her patron; for no application can be made for a tutor in place of an absent patron, except for the purpose of taking up an inheritance and contracting a marriage. By the l. Iulia de maritandis ordinibus a tutor is appointed by the Urban Praetor to such woman or virgin as is required to marry by this very statute, in order that he may give, specify or promise her dowry, if she have a pupil as her guardian-atlaw.

In these cases it is clear that the grardianship remains undisturbed for the patron and the son of the patron. Curators were appointed either by Law or by the magistrate. Dantur autem curatores ab eisdem magistratibus, a quibus et tutores ; sed curator testamento non datur, sed datus confirmatur decreto praetoris. But the curator is not appointed by testament, though when so appointed he is confirmed by a decree of the praetor or the governor.

By the praetor is appointed a curator, at his discretion, to free-born spendthrifts, and to freedmen likewise who, being testamentary heirs of their ancestor, are squandering their estate; for to such a curator could not be appointed by statute, since the man of free-birth was made heir by his father not ab intestato , but by testament, and the freedman because he could not be heir to his father in any way; and he is not regarded as having a father, since servile cognation does not exist.

See Westlake , ubi sup. Item inviti adulescentes curatores non accipiunt praeterquam in litem. Et ideo si minor conveniat debitorem, adhibere debet curatores, ut ei solvatur pecunia ; ceterum non ei compellitur solvere.

Sed hodie solet pecunia in aedem deponi aut curatoribus solvi, si sunt. Permittitur etiam ex constitutione principum debitori, compellere adulescentem ad petendos sibi curatores. But as concerning curators, whereas previously they were only according to the lex Praetoria assigned either because of profligacy or because of insanity, he ordained that all adults should receive curators without reasons being given.

Quod cum accidat, alia adiectione opus est adiuvandi actoris gratia : quae adiectio replicatio vocatur, quia per eam replicatur atque resolvitur vis exceptionis. When, however, the defendant has through some error not availed himself of a peremptory exception, he is restored to his former position' for the sake of preserving the exception : but if he have omitted to use a dilatory exception, it is doubtful whether he can be so restored. It sometimes happens that an exception, which at first sight appears just, unfairly prejudices the plaintiff.

When this occurs, another addition to the formula is needed to relieve the plaintiff, and this is called a replicatio , because by means of it the effect of the exception is rolled back again and untied.

Thus, for example, supposing I have agreed with you not to sue you for money you owe to me, and that afterwards we make an opposite agreement, i. But as it would be unjust for me to be kept out of my rights by the exception, a replication is allowed me on the. Duplications and Triplications. Interdum autem evenit, ut rursus replicatio quae prima facie iusta sit, inique reo noceat.

Et si rursus ea prima facie iusta videatur, sed propter aliquam causam inique actori noceat, rursus ea adiectione opus est qua actor adiuvetur, quae dicitur triplicatio. But sometimes it happens that a replication in its turn, which at first sight is a fair one, presses unduly on the defendant: and when this occurs there is need of an addition to the formula for the purpose of assisting the defendant; which is called a duplicatio. And if again this appear at first sight fair, but for some reason or other press unduly on the plaintiff, another addition is needed for the relief of the plaintiff; which is called a triplicatio.

The variety of business transactions has caused the use of all these additions. Videamus etiam de praescriptionibus quae receptae sunt pro actore. Now let us consider the subject of the praescriptiones which are employed for the benefit of the plaintiff'. For instance, when we have stipulated for the payment of a certain sum of money every year or every month : for then on the termination of each year or month, there is a present obligation that the money for that period shall be paid, whilst as to the future years an obligation is held to be contracted, but as yet there is no necessity for payment.

If, therefore, we wish to sue for the sum actually due and to lay the matter before a judex , leaving the future discharge of the obligation in uncertainty, we must commence our action with this praescription : "Let that amount which is already due be the matter of suit. Cicero calls quibusdam in formulis, Ea res aga- it indeed an exceptio , but it is evi tur ut inter quos disseritur conve- dent that he uses the term as synonniat, quid sit id de quo disseratur.

The Commentaries of Gaius Escrito por Gaius. Exceptions are said to be either peremptory or dilatory. Those are peremptory which are available at all times, and which cannot be avoided, for example the exception metus causa , or dolo malo , or that something has been done contrary to a lex or senatus - consultum , or that the matter has been already adjudicated upon, or laid before a judex ' , and so also that an agreement has been made that the money should not be sued for under any circumstances.

And so too, if he who had several suits against the same defendant have brought some and postponed others, in order that they may go before other judices , and then pursue those others which he had postponed within the time of office of the same Praetor, he is met by the tur rei residuae summovetur.