[IDEM libro sexto responsorum. ] §26.7.32.prSine herede tutor decessit: quaero, an curator pupillo datus, cum neque inuentaria neque alia instrumenta a fideiussore tutoris exhibeantur, possit eundem fideiussorem conuenire ex stipulatione, quanti pupilli interest.
[THE SAME, in his sixth book of Opinions.] A tutor died without an heir: I ask whether a curator appointed for the pupil, when neither inventories nor other documents are produced by the tutor's surety, can sue the same surety on the stipulation for the amount of the pupil's interest.
Modestinus respondit in id quod tutor conueniri potuit, fideiussorem quoque conueniri posse.
Modestinus answered that the surety can also be sued for that amount for which the tutor could have been sued.
§26.7.32.1Modestinus respondit damnum si quod accidit eo, quia cautiones soluti uectigalis inuentae non sunt, ad tutorem, cuius nulla culpa admissa proponitur, minime pertinere.
Modestinus answered that if any loss occurred for the reason that receipts for paid taxes were not found, it by no means pertains to the tutor, against whom no fault is alleged to have been committed.
§26.7.32.2Modestinus respondit tutorem eorum redituum nomine rationem pupillae reddere debere, qui ex fundo bona fide percipi potuerunt.
Modestinus answered that a tutor must render an account to the female pupil for those revenues which could in good faith have been gathered from the land.
§26.7.32.3Item respondit, si minus a seruo tutor percepit, quam bona fide ex fundo percipi potuit, ex eo, de quo pupillae sit obstrictus, quantum ex peculio serui seruari possit, eidem tutori proficere debere, scilicet si non perdituro seruo administrationem credidit.
He likewise answered that if the tutor received less from the slave than could in good faith have been gathered from the land, out of that sum for which he is liable to the female pupil, whatever can be recovered from the slave's peculium ought to benefit the same tutor, provided, of course, that he entrusted the administration to a slave who was not likely to waste it.
§26.7.32.4Interposito curatore adulescens fundum Titio uendidit: postea adgnita fraude in integrum restitutus in possessionem induci iussus est: quaero, an, cum ex hac uenditione melior factus non est neque in rem suam quicquam uersum probetur, pretium emptori restituere non debeat.
An adolescent, with the intervention of a curator, sold a tract of land to Titius; afterwards, fraud having been recognized, he was restored to his original condition (in integrum restitutus) and was ordered to be put into possession. I ask whether, since he was not made richer by this sale and it is not proved that anything was turned to his own account, he ought not to restore the price to the buyer.
Modestinus respondit pretium fundi ab adulescente uenumdati, si rationibus eius non profuit nec quicquam de eo a iudicante de in integrum restitutione statutum est, emptorem frustra postulare.
Modestinus answered that if the price of the land sold by the adolescent did not benefit his accounts, and nothing was decided concerning it by the judge deciding on the restoration to the original condition, the buyer demands it in vain.
§26.7.32.5Item respondit sumptibus uoluptatis causa ab emptore factis adulescentem onerandum non esse: qui tamen ab eodem aedificio ita auferri possunt, ut in facie pristina, id est quae fuit ante uenditionem, aedificium esse possit, emptori auferre permitti oportere.
He likewise answered that the adolescent ought not to be burdened with expenses incurred by the buyer for the sake of pleasure; however, if they can be removed from the building in such a manner that the building can remain in its pristine appearance, that is, what it was before the sale, the buyer ought to be permitted to take them away.
§26.7.32.6Lucius Titius coheres et curator sororis suae, cum esset ex ciuitate, in qua usitatum erat ipsos dominos praediorum, non conductores onera annonarum et contributionum temporariarum sustinere, morem hunc et consuetudinem semper obseruatam secutus et ipse pro communi et indiuidua hereditate annonas praestitit: quaero, an in rationibus dandis opponi curatori possit, quia non recte pro parte sororis tales impensas fecerat.
Lucius Titius, co-heir and curator of his sister, being from a city in which it was customary for the owners of estates themselves, and not the tenants, to bear the burdens of military provisions and temporary contributions, followed this custom and practice which was always observed, and himself provided military provisions for the common and undivided inheritance. I ask whether, in rendering accounts, it can be objected to the curator that he had not rightly incurred such expenses on his sister's behalf.
Modestinus respondit in id demum curatorem adultae reputare ex causa de qua quaeritur posse, quod ipsa, si rem suam administraret, erogare compelleretur.
Modestinus answered that, in the case under inquiry, the curator of the adult female can only bring to account that which she herself, if she were administering her own property, would be compelled to expend.
§26.7.32.7Tutores duo post uenditionem pupillarium rerum factam pecuniam inter se diuiserant, post quam diuisionem alter eorum in exilium datus est durante tutela: quaerebatur, an actore constituto contutor eius partem pupillaris pecuniae petere ab eo poterit.
Two tutors, after the sale of the pupil's property was made, had divided the money between themselves; after this division, one of them was sent into exile while the tutelage was still lasting. It was asked whether, an agent (actor) having been appointed, his co-tutor could demand the share of the pupil's money from him.
Modestinus respondit: si hoc quaeritur, an contutore relegato contutor eius tutelae actionem exercere possit, non posse respondi.
Modestinus answered: "If the question is whether, when a co-tutor is relegated, his co-tutor can bring an action on tutelage, I answered that he cannot."