[PAPINIANUS libro quinto responsorum. ] §26.9.5.prPost mortem furiosi non dabitur in curatorem qui negotia gessit iudicati actio, non magis quam in tutores, si modo nullam ex consensu post depositum officium nouationem factam et in curatorem uel tutorem obligationem esse translatam constabit.
After the death of an insane person, an action on the judgment shall not be granted against a curator who has managed his affairs, any more than against tutors; provided it is established that no novation was made by consent after the termination of the office, and that the obligation was not transferred to the curator or tutor.
§26.9.5.1Tutor, qui pecuniam se soluturum cauit, quam pater pupilli condemnatus fuerat, actionem post tutelam finitam recte recusat.
A tutor who has given security that he will pay the money which the ward's father had been condemned to pay, rightly refuses the action after the guardianship has ended.
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.
The same rule does not apply to one who has received a loan in his own name and satisfied the judgment on behalf of the ward, unless perchance the creditor contracted for the purpose that the money should be applied to the case of the judgment.