Tutela Mulierum
Women who were neither under the potestas of a paterfamilias nor under the manus of a husband (i.e. women who were sui iuris) remained subject to guardianship.[261] [262] According to Gaius, the original reason for the establishment of this form of guardianship (tutela mulierum) was the perception that women could be easily manipulated due to their gender ‘weakness’ (infirmitas sexus), natural lack of judgment and intellectual limitations.[263] The appointment of a woman’s tutor occurred in the same manner as that of the tutor impuberis: by testament of the person (father or husband) who had power over her; by law (in which case she was placed under the guardianship of her agnates); or by a magistrate.
The principal responsibility of the tutor mulieris was to grant his authorization (auctoritas) in respect of important juristic acts performed by the woman, such as manumission of slaves, acceptance of an inheritance, preparing a testament and assuming an obligation. As noted earlier, the growing independence of women entailed a gradual demise in the institution of tutela mulierum even though in theory it continued to exist until the time of Diocletian (ad 284-305).2.4.3
More on the topic Tutela Mulierum:
- Tutela Impuberum
- Guardianship (tutela)
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- Guardianship and Curatorship
- WOMEN IN CLASSICAL ROMAN LAW
- 5. GUARDIANSHIP
- ‘Quasi-contract’ is an unsatisfactory term applied to certain specific obligations which did not arise from contract or delict but were legally enforceable.
- I. GENERAL PRINCIPLES-- CIVIL LAW
- Quasi-contractual and quasi-delictual obligations
- Libro XI [Sulle reintegrazioni (E. X)]
- The Etruscans
- The Example of Delictual Liability for Others
- TUTORSHIP AND AGENCY
- Appendix 2 Law Reports and Journals (Some Useful References
- The Law of Citations
- Conclusion
- Why do people do acts that are agreeable or useful to other people and why do evaluators approve of such acts, and even approve of acts agreeable or useful to the actor herself?
- Obligations Arising from Contracts