Die Haftung und die Rechtsverhältnisse der Mitvormünder im römischen Recht
The Responsibility and Legal Relationships of Co-Tutors in Roman Law

Summary/Abstract: In the ancient Rome it was frequent to order more tutors for immature people at the same time to manage their asset. In such cases it was possible that the legator or the magistratus mandated one of the tutors to actually manage the asset or shared the administration according to the commissionerships or territory. In the absence of such act the tutors were obliged to manage the ward’s issues together and their responsibility was also joint according to the main rule.The tutor who was sued as joint debtor based on the damages caused fully or partially by the co-tutors had the possibility to claim from the ward with the aim of vindication of his subrogation that the ward cedes for him their claims against other tutors. But the agreement on the assignment had to be concluded before the start of the performance of the tutor, otherwise the performance consumed the ward’s claims against the co-tutors therefore there were no claims left to cede. Later it became possible for the paying tutor – in case of missing the assignment – based on equity to bring independent utilis actio for vindicating the subrogation against the co-tutors. It is also possible that later the beneficium divisionis was entitled to the co-tutors for the sake of mitigating their burdens.

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