Cura (guardianship over minors) arose with the realisation that a child who had reached puberty was, nervertheless, too young to administer its affairs. Those who dealt with minors might be at a disadvantage. The function of the curator was primarily to administer the property of the minor; he had no control over the person of the minor. The curator was expected to give his approval (consensus) to transactions of a reasonable nature which the minor wished to undertake.
- Cura Minorum (curatorship of minors)
+ A person reached perfecta aetas at the age of 25, at which he had full capacity to act his own behalf without the consent of a tutor or a curator. Caracalla introduced venia aetatis, a dispensation by which males of 20 and females of 18 were allowed to manage their own affairs without the assistance of a curator in certain circumstances, e.g. to administer the affairs of a dead parent. This dispensation did not extend to the selling of land, which required the court's permission.
+ Lex Plaetoria (200 B.C.) punished anyone who fraudulently over-reached a person under 25. The Praetorian Interdict restitutio in integrum provided for the rescission of a transaction to which the minor had been a party, and a restoration to his former position, if he had suffered damage in the transaction as a result of his lack of judgment. It was not necessary to prove fraud in this case. Hence, persons must have feared dealing with minors.
+ Originally a curator was appointed to act in single transactions on the application of the minor. Later, the magistrates appointed a curator on an application from any person who wished to complete a transaction with a minor. Under Marcus Aurelius the curatorship continued throughout seems to have been without capacity; he could not engage in any transaction likely to worsen his position unless his curator had given consensus.
Note:
. During the Republic the consensus of the curator could be of an informal nature and signified merely that he considered the transaction to be proper.
. A tutor to a female aged 12-25 had no powers to administer her affairs; hence she might need a curator and a tutor.
. The actio negotiorum gestorum was available for claims between curator and minor.
- Cura Prodigi (curatorship of the spendthrift)
A spendthrift was prevented by Praetorian Interdict from wasting his property. The relatives of such a person could apply for the appointment of a curator who would be responsible for managing the property and whose consensus would be needed for any act which might result in liability attaching to the prodigus.
- Cura Furiosi (curatorship of the lunatic)
Under the XII Tables the agnates and then the gentiles (members of the clan to which the furiosus belonged) had the power of cura over the furiosus. The curator had power of administration over his property and was obliged to take care of him. Under Justinian a hypothec over the curator's property was demanded. A curator was obliged to make an inventory of the lunatic's property.
- Other curatorships
The magistrates had the power to appoint curators to the following persons: the deaf, dumb, and infirm; a pupillus temporarily without a tutor; a child en ventre sa mère; those suffering from an incurable disease.
- Cessation of cura
A curatorship came to an end when the minor reached the age of 25, or by venia aetatis, or by misconduct of the curator resulting in his removal from the position.
Note: In post-classical times the excusationes for a tutor were extended to a curator.
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- Tutors and curators in Roman Law
+ Tutors and curators (I): Legal capacity
+ Tutors and curators (II): Tutela Impuberum
+ Tutors and curators (III): Tutela perpetua mulierum
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Source:
Roman Law, L. B. Curzon, pages 55 - 57.
