Quando ex facto tutoris vel curatoris minores agere vel conveniri possunt
(When minors can sue or be sued on account of the acts of their guardians or curators.)
1 Pomponius libro vicesimo nono ad Sabinum. Ob dolum malum vel culpam tutoris Aristo ait pupillum possessorem condemnandum, sed non puto, quanti actor in litem iuraret: et tamen illud ita est, si rem a tutore pupillus servare possit.
1 Pomponius, On Sabinus, Book XXIX. Aristo says that a ward who is in possession can have judgment rendered against him on account of the fraud or negligence of his guardian; but I do not think that the damages should be fixed at the amount to which the plaintiff will make oath in court. Nevertheless, this would be the case if the ward can recover the value of the property from his guardian.
2 Ulpianus libro primo opinionum. Si tutor vel curator pecunia eius, cuius negotia administrat, mutua data ipse stipulatus fuerit vel praedia in nomen suum emerit, utilis actio ei, cuius pecunia fuit, datur ad rem vindicandam vel mutuam pecuniam exigendam.
2 Ulpianus, Opinions, Book I. Where a guardian or a curator lends the money of the minor whose affairs he is administering, and he himself makes the stipulation, or purchases land in his own name, an equitable action will be granted to the party to whom the money belongs, for its recovery, or for the collection of the loan.
3 Papinianus libro vicesimo quaestionum. Dolus tutorum puero neque nocere neque prodesse debet: quod autem vulgo dicitur tutoris dolum pupillo non nocere, tunc verum est, cum ex illius fraude locupletior pupillus factus non est. quare merito Sabinus tributoria actione pupillum conveniendum ex dolo tutoris existimavit, scilicet si per iniquam distributionem pupilli rationibus favit. quod in depositi quoque actione dicendum est, item hereditatis petitione, si modo, quod tutoris dolo desiit, pupilli rationibus illatum probetur.
3 Papinianus, Questions, Book XX. The fraudulent acts of guardians can neither injure nor profit their wards. When it is commonly said that the fraud of a guardian cannot injure a ward, this means in case the latter is not pecuniarily benefited by the deceitful conduct of the guardian. Wherefore, Sabinus very reasonably holds that the ward can be sued in a tributorian action on account of fraud committed by his guardian; for instance, if he should favor the interest of his ward by means of an unjust distribution of property. The same rule applies in an action on deposit, and also in one claiming an estate, provided that it is proved that what the plaintiff lost through the fraud of the guardian was credited to the account of the ward.
4 Ulpianus libro sexagesimo quarto ad edictum. At si extrinsecus aliquid tutor dolo admiserit, pupillo nihil nocere oportet.
4 Ulpianus, On the Edict, Book LXIV. If, however, the guardian should commit any fraudulent act with reference to outside matters, the ward would sustain no injury.
5 Papinianus libro quinto responsorum. Post mortem furiosi non dabitur in curatorem qui negotia gessit iudicati actio, non magis quam in tutores, si modo nullam ex consensu post depositum officium novationem factam et in curatorem vel tutorem obligationem esse translatam constabit. 1Tutor, qui pecuniam se soluturum cavit, quam pater pupilli condemnatus fuerat, actionem post tutelam finitam recte recusat. non idem in eo placuit, qui suo nomine mutuam pecuniam accepit et iudicatum pro pupillo fecit, nisi forte creditor ideo contraxit, ut in causam iudicati pecunia transiret.
5 Papinianus, Opinions, Book V. After the death of an insane person an action to enforce a judgment will not be granted against a curator who administered his affairs, any more than against a guardian; provided that, after his office has been relinquished it is established that no renewal was made by his consent and the obligation transferred to either the curator or the guardian. 1A guardian who binds himself to pay a sum of money for which judgment was rendered against the father of his ward, can legally refuse to do so, if an action is brought against him after the termination of his guardianship. It was decided that the same rule will not apply to the case where a guardian borrowed money in his own name, and with it paid a judgment for his ward, unless the creditor made the contract in order that the money might be used for the satisfaction of the judgment.
6 Idem libro secundo definitionum. Tutor interposito decreto praetoris actorem reliquit. secundum eum sententia dicta iudicati transfertur ad pupillum actio non minus, quam si tutor optinuisset.
6 The Same, Definitions, Book II. A guardian, in compliance with a decree of the Prætor, left an agent for the administration of the affairs of his ward. If judgment is rendered in favor of said agent, an action for its enforcement will be transferred to the ward, just as if the guardian himself had obtained it.
7 Scaevola libro tertio decimo quaestionum. Tutori, qui infantem defendit, succurritur, ut in pupillum iudicati actio detur.
7 Scævola, Questions, Book XIII. Relief is granted to a guardian who defends a young child, in order that an action for the enforcement of the judgment may be granted against the ward.
8 Idem libro quinto responsorum. Tutor, qui et coheres pupillo erat, cum conveniretur fideicommissi nomine, in solidum ipse cavit: quaesitum est, an in adultum pupillum pro parte danda sit utilis actio. respondit [ed. maior danda] <ed. minor dandam>.
8 The Same, Opinions, Book V. A guardian, who was at the same time the co-heir of his ward, had an action brought against him for the execution of a trust, and bound himself for payment in full. The question arose whether an equitable action should be granted against the ward, after he had reached the age of puberty, for the recovery of his share of the amount. The answer was that it should be granted.