debt of the modern law of guardianship to roman law现代法律对罗马法的债务.pdfVIP

Yale Law School Yale Law School Legal Scholarship Repository Faculty Scholarship Series Yale Law School Faculty Scholarship 1-1-1913 Debt of the Modern Law of Guardianship to Roman Law Charles P. Sherman Yale Law School Follow this and additional works at : /fss_papers Part of the Family Law Commons, J uveniles Commons, and the Legal History, Theory and Process Commons Recommended Citation Sherman, Charles P., Debt of the Modern Law of Guardianship to Roman Law (1913). Faculty Sc holarship Series. Paper 4438. /fss_papers/4438 This Article is brought to you for free and open access y the Yale Law School Faculty Scholarship at Yale Law School Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship Series y an authorized administrator of Yale Law School Legal Scholarship Repository. For more information, please contact julian.aiken@. THE DEBT OF THE MODERN LAW OF GUARDIANSHIP TO ROMAN LAW. T HE Roman law of guardianship grew out of the family -organ- ization. It is also quite closely connected with the law of inheritance. The power of a guardian is that form of fam- ily power which ordinarily takes the place of paternal power when there is no one to exercise the latter. It was originally at Rome but an extension of the paternal power. In this respect the con- ception of guardianship is different in English lawv,--English guard- ianship rests on the principle of protecting the bodily and mental immatfrity of youth. Duties comm-on to -allguardians (tutors or curators). I. Every guardian, whether tutor or curator, must give security for the faith- ful performance of his duties. This is also the rule in Anglo-Amer- ican