TUTELA IMPUBERUM И CURA MINORUM У РИМСКОМ ПРАВУ
TUTELA IMPUBERUM AND CURA MINORUM IN ROMAN LAW

Summary/Abstract: Guardianship, as well as tutorship, was first legally regulated in Roman law by adopting the Law of the Twelve Tablets (Lex XII Tabularum). Pursuant to this Law, it was the tutor who assumed responsibility to look after the child deprived of satisfactory parental care and custody, whereas the curator was responsible for the persons lacking the legal capacity or the persons who for various reasons had a limited legal capacity.At first, the role of the tutor was highly significant and could be described by the term vie ac potestas. In time, along with the development of the state organization and a growing control imposed by the state, the tutor was not able to dispose of the protege's property but only to administer it and to look after the protection of the personality rights of the protege. This was a giant step towards organizing guardianship as an institute which exclusively served the purpose of providing legal protection of a minor who was for certain reasons deprived of parental care. Some essential changes were, however, introduced in the 2nd century AD by instituting the principle of representation {ius representations), giving the tutor's position its true dimension and providing the tutor a prominent role of a child representative.From the historical point of view, another significant development was the introduction of a separate type of guardianship - cura minorum, the custodianship of minors. In the first few centuries of its establishment, this kind of guardianship was distinct from tutela impuberum; however, with the adoption of Lex Plaetoriae, these two institutes drew progressively closer and eventually, in Iustinian's time, it was barely possible to draw a clear distinction between the two.

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