Roman Law and the Legal World of the Romans

Roman Law and the Legal World of the Romans

person might produce heirs of his or her own. It is at this point, the Romans seem to think, that a person was fully vested in his or her own property; before this age, there was still a sense that it might revert to the broader family. Finally, up to the age of twenty-five, a person might plead youth and inexperience in order to have a transaction invalidated if he came to have second thoughts. Such restitution was not automatic, and could be blocked in advance by the appointment of a sort of pseudo guardian ( curator ) to monitor the young person’s transactions. The law also created forms of guardianship for two related classes of persons: the insane and the spendthrift. For these purposes, the “insane” must have meant people who had sub stantially lost touch with reality. Like the youngest children, they could not, as a matter of law, form intents and so were prohibited from virtually any legal activity, including com mercial transactions, marriage, testimony in court, and even conviction for crimes. The “spendthrift” were merely reckless with their (inherited?) property and accordingly were less con strained. They were prevented only from alienating property without approval from the guardian. Normally, family mem bers would have sought the designation of the insane or spend thrift person, and an (agnatic) family member often served as guardian. Judicial officials, however, could make the decision on their own and could appoint someone they thought would Insanity

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