Disputatio de tutelis

ment. But he will then finally be a tutor when he has become of sound mind, or has reached twenty-five years of age.

XV.
Although a tutor of this kind cannot be given for a specific matter or cause, it is nonetheless established law that he can be given for a specific time, from a specific time, under a condition, or before the institution of an heir.

XVI.
But if no tutor was given by will, or if he who was given died while the testator was living, Legal guardianship will take its place, which the Twelve Tables explicitly confers upon the nearest agnates for the sake of the benefit of the succession.

XVII.
However, since by the Law of the Novels, cognates are invited to the succession on par with agnates, it must be said that today, by the same law, blood relatives who are closer in degree are also called to guardianship, whether they are agnates or cognates.

XVIII.
And if there are many of the same degree, the guardianship pertains to all equally, although the administration may be committed to the more capable one, at the risk of the others.

XIX.
Otherwise, this proceeds in this way, if the right of agnation or cognation has not been lost by a change of status (capitis deminutio loss of legal status).

XX.
It is different for a vassal; for his guardianship is conferred only upon the agnates who are to succeed in the fief.