[MARCELLUS libro singulari responsorum. ]
[MARCELLUS in his single book of Opinions.] Lucius Titius appointed Gaius Seius, a filius familias, as tutor to his son by testament.
§26.7.21.prLucius Titius Gaium Seium filium familias testamento filio suo tutorem dedit: Gaius Seius sciente et consentiente patre tutelam administrauit: quaero, an defuncto Gaio Seio actio tutelae aduersus patrem eius et in quantum competat.
Gaius Seius administered the tutelage with the knowledge and consent of his father. I ask whether, upon the death of Gaius Seius, the action of tutelage lies against his father, and to what extent.
Marcellus respondit secundum ea quae proposita essent actione de peculio et de in rem uerso patrem teneri: nec multum uideri in hoc casu facere patris scientiam et consensum ad obligandum eum in solidum, nisi forte contutore uel alio quo uolente eum facere suspectum intercessit et quasi in se periculum recepit.
Marcellus replied that, according to the facts proposed, the father is liable under the action concerning peculium and concerning what has been turned to his profit; and that, in this case, the father's knowledge and consent do not seem to do much to make him liable for the whole sum, unless perhaps, when a co-tutor or someone else wished to declare him suspect, the father intervened and, as it were, took the risk upon himself.