Doctrinal reflections concerning the procedural resources against the tutor impuberum

Abstract

From the ancient patriarchal structure of the Roman family, a legal institution was derived that tended to make up for the lack of capacity that some people suffered from. This institution, the Roman guardianship, had as its purpose the protection of the prepubescent subject who, after the death of the paterfamilias, became sui iuris personae, that is, legally independent subjects. Although initially the tutelary institute had a nature that we can describe as selfish, articulated in the interest of the tutor himself, in classical times it became a protectionist institution for independent minors. Considering this plural nature of the Roman guardianship, it is of interest to analyze the liability regimen that derived from the performance of the position of guardian in each historical moment and in each type of guardianship used, addressing the different existing procedural remedies in the Roman legal system against the actions guardianship contrary to the patrimonial and personal interests of the pupils.