[NERATIUS libro primo membranarum. ] §27.10.9.prCuius bonis distrahendis curatores facere senatus permisit, eius bona creditoribus uendere non permisit, quamuis creditores post id beneficium bona uendere mallent: sicut enim integra re potestas ipsorum est utrum uelint eligendi, ita cum alterum elegerint, altero abstinere debent.
[NERATIUS, in the first book of the Parchments.] In the case of a person for the selling of whose property in detail the senate has permitted the appointment of curators, the senate did not permit the creditors to sell his property as a whole, even though the creditors preferred to sell the property as a whole after that benefit; for just as, while the matter is intact, the power of choosing which of the two they wish belongs to them, so when they have chosen one, they ought to abstain from the other.
multoque magis id seruari aequum est, si etiam factus est curator, per quem bona distraherentur, quamuis nondum explicato eo negotio decesserit.
And it is much more equitable that this rule be observed if a curator, through whom the property was to be sold in detail, has already been appointed, even though he died before that business was yet wound up.
nam et tunc ex integro alius curator faciendus est neque heres prioris curatoris onerandus, cum accidere possit, ut negotio uel propter sexus uel propter aetatis infirmitatem uel propter dignitatem maiorem minoremue, quam in priore curatore spectata erat, habilis non sit, possint etiam plures heredes ei existere neque aut per omnes id negotium administrari expediat aut quicquam dici possit, cur unus aliquis ex his potissimum onerandus sit.
For even then another curator must be appointed anew, and the heir of the prior curator is not to be burdened, since it may happen that the heir is not fit for the business, either because of sex, or because of the infirmity of age, or because of a higher or lower status than that which had been looked for in the prior curator, and that several heirs may also exist for him, and it may neither be expedient that the business be administered by all of them, nor can any reason be given why one particular person from among them should be burdened above all.