Disputatio de tutelis

XXXIIII.

With the guardianship finished, the guardian renders an account, pays the remainder, and likewise ought to be present for the cause.

XXXV.

For the security of the ward, various remedies have been invented by Law. For from the guardianship itself is born the action of guardianship, which is personal against the guardian, so that he may render an account of his administration and provide for the damage to the ward, both from things managed and omitted, from the day on which he knew himself to be a guardian.

XXXVI.

And not only deceit, but also gross and slight negligence, and even in lending money, or if any negligence has preceded, a fortuitous case ought to be provided for by the guardian.

XXXVII.

Secondly, the action for the stripping of accounts arises, which is likewise personal, but penal for double that which the guardian took away and did not report in the accounts.

XXXVIII.

Thirdly, all the goods of the guardian are tacitly obligated to the ward for the administration.

XXXIX.

Fourthly, the sureties are convened, through whom it was satisfied that the property would be safe for the ward.

XL.

Fifthly, a subsidiary action lies against the magistrate himself, who exacted no satisfaction or none sufficiently suitable.

XLI.

Conversely, on the part of the guardian, the contrary action of guardianship is given, which