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Simple English definitions for legal terms
TUTELA.
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A quick definition of TUTELA.:
Term: Tutela
Definition: Tutela was a type of guardianship in ancient Rome for children who were not yet adults. It was also used for people who were mentally incapacitated or had poor judgment. The guardian was responsible for taking care of the person and their property. There were different types of tutela, including cura furiosi for the insane, cura minoris for minors with complete capacity but poor judgment, and cura prodigi for spendthrifts who needed help managing their finances. The guardian had to approve any actions that could affect the person's property or liabilities.
A more thorough explanation:
Definition: Tutela was a form of guardianship in ancient Rome that was used to protect individuals who were not capable of managing their own affairs. It was similar to patria potestas, but extended to both the person and property of the individual. There were also other forms of guardianship, such as cura furiosi, cura minoris, and cura prodigi, which were used for specific situations.
- Cura furiosi: This was a form of guardianship for an insane person who was mentally incapacitated. The curator was appointed to manage the property of the lunatic on their behalf.
- Cura minoris: This was a form of guardianship for a minor under 25 whose capacity of action was complete, but whose judgment might be defective. The curator was appointed to protect the minor's interests and manage their property.
- Cura prodigi: This was a form of guardianship for a spendthrift, usually at the request of the person's agnatic family. The curator was appointed to prevent the prodigus from performing any act which operated to alienate property or to subject them to a liability.
These examples illustrate how tutela was used to protect individuals who were not capable of managing their own affairs. Each form of guardianship was used for a specific situation, such as cura furiosi for an insane person, cura minoris for a minor with defective judgment, and cura prodigi for a spendthrift. The curator was appointed to manage the individual's property and protect their interests.