3. When a suit is to be commenced between a tutor and his pupil, as the tutor cannot give authority with regard to his own case, a curator, and not, as formerly, a praetorian tutor, is appointed, with whose intervention the suit is carried on, and who ceases to be curator when the suit is determined.
XXII. Freedom from Guardianship.
Pupils, both male and female, are freed from tutelage when they attain the age of puberty. The ancients judged of puberty in males, not only by their years, but also by the development of their bodies.
But we, from a wish to conform to the purity of the present times, have thought it proper, that what seemed even to the ancients to be indecent towards females, namely, the inspection of the body, should be thought no less so towards males; and, therefore, by our sacred constitutio, we have enacted that puberty in males should be considered to commence immediately on the completion of their fourteenth year; while, as to females, we have preserved the wise rule adopted by the ancients, by which they are esteemed fit for marriage on the completion of their twelfth year.
1. Tutelage is also determined if the pupil, before attaining the age of puberty, is either arrogated, or suffers deportation, or is reduced to slavery, or becomes a captive.
2. Again, if a person is appointed by testament to be tutor until a condition is accomplished, he ceases to be tutor on the accomplishment of the condition.
3. Tutelage ends also by the death of the tutor, or of the pupil.
4. When a tutor, by a capitis deminutio, loses his liberty or his citizenship, his tutelage is in every case at an end. But, if he undergo only the least capitis deminutio, as when a tutor gives himself in adoption, then only legal tutelage is ended, and not the other kinds; but any capitis deminutio of the pupil, even the least, always puts an end to the tutelage.
5. A tutor, again, who is appointed by testament to hold office during a certain time, lays down his office when the time is expired.
6. They also cease to be tutors who are removed from their office on suspicion, or who excuse themselves on good grounds from the burden of the tutelage, and rid themselves of it according to the rules we will give hereafter.
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