The Visigothic code

by Unknown

TITLE III. CONCERNING WARDS AND THEIR GUARDIANS.

I.	What a Minor Is.
II.	From what date Time is to be Computed in Bringing Lawsuits relating to Minors.
III.	How the Guardianship of Wards shall be Entered upon; what Portion of their Property they shall Receive, and what Portion shall be Given to their Guardians.
IV.	Guardians shall have no Right to Exact from Wards in their Charge any Instruments in Writing whatever.

FLAVIUS CHINTASVINTUS, KING.

I. What a Minor Is.

It is a part of the practice of the duties prescribed by law, to so care for the rights of minors that they shall suffer no loss of their inheritance. Up to this time, little children left by a father have been called minors, for the reason that the mother has not less responsibility and care, on their account, than when both parents were living; and therefore we now decree, that henceforth any children left by father or mother, and who have not yet attained the age of fifteen years, shall be designated minors.

FLAVIUS CHINTASVINTUS, KING.

II. From what date Time is to be Computed in Bringing Lawsuits relating to Minors.

Where a question arises concerning the time within which an action at law can be maintained for the recovery of property in which minors are interested, we decree that an estimate must be made of the period which has elapsed since the parents have lost possession of said property; that is to say, it must be determined whether the entire number of years from that date, when added to those of the minor shall amount to fifty; and, if the number should be greater than that, the minor shall not be entitled to recover. And, moreover, if the parents of the minor in their lifetime, shall have neglected to assert their rights for the space of thirty years, the said minor shall not be permitted to prosecute such a claim as their representative.[21]

III. How the Guardianship of Wards shall be Entered upon; what Portion of their Property they shall Receive, and what Portion shall be Given to their Guardians.

After the death of the father, the mother shall have the guardianship of the minor children, if she should wish it, provided she remains a widow; and she shall make an inventory of the property to which the children are entitled, by means of which their rights to their inheritance may be established. But if the mother should marry again, any one of the sons who has attained his majority, that is, who has reached the age of twenty years, may assume the guardianship of his younger brothers; and shall see that their property is not alienated, or dissipated through neglect, by themselves, or by any one else. But, in case he himself should use it up, or sell it, or give it away, or permit it to be lost through his own negligence: as soon as his brothers shall have become of age, he shall be compelled to make restitution out of his own share, of whatever was wasted by him. He shall, however, be allowed the tenth part of the income for the purpose of living, to the end that he may not burden with extravagant expenses what should be reserved for the minor heirs. Where he spends his own money, or uses his own property for the necessaries and business of all, and this fact is brought to the attention of the judge, he shall be reimbursed for his expenditures out of the entire estate left by his father. If any of the brothers should not be of lawful age, or of proper character to undertake the guardianship of orphans, a paternal uncle of a cousin may assume this duty; and if neither the paternal uncle nor his son should be found worthy, then a guardian shall be selected by the other relatives in the presence of the judge.

Where neither the mother, nor any one else, assumes the guardianship, an inventory of all the property which the father left shall be drawn up and signed by her and by witnesses, from the number of three to five, and shall be placed in the keeping of any bishop or priest whom the relatives may select, to be delivered to the children when they have attained their majority.

It is also hereby provided that if any suits are brought against minors, their guardian, should he desire it, has a right to defend such actions. If, however, he should neglect to do so, a judgment shall be rendered by the court in favor of the plaintiff, without prejudice to the rights of the minors to have the matter reviewed, when they shall become of lawful age. If the party who made the claim should lose his case when the minor has reached his majority, he shall be compelled to restore to the minor, or to his relatives, or to any one who may have a right to it, whatever property he obtained under the judgment aforesaid, along with any income it may have produced, and any profits which may have accrued from its possession; and he shall be compelled to pay ten solidi in addition, because he has prosecuted a claim which was not valid in law. Where a guardian desires to defend any action brought against his ward in court he shall have full authority to do so; but if the rights of the ward should be affected, or his property impaired or lost through his neglect, the guardian shall afterwards be compelled to make restitution.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

IV. Guardians shall have no Right to Exact from Wards in their Charge any Instruments in Writing whatever.

As minors are unable to care for themselves or their property, it has been wisely provided by the laws that they should be subjected to the authority of guardians, and that their business should be transacted for them for a stated number of years. For the reason, however, that certain guardians, by means of either persuasion or threats, defraud those whose interests it is their duty to carefully protect, and compel them to enter into agreements that they will not demand an accounting of their property, or exact bonds or other written instruments from their wards, by means of which they seek to prevent inquiry into their actions: therefore, that our solicitude for the rights of such wards may the better appear in all matters where such rights are involved, we hereby decree that the following law must be strictly observed, to wit: that in the case of such wards, even when they have passed the age of fourteen years, where the guardian or guardians who had charge of their persons and property shall be found to have caused the execution of any bond or written instrument of any description, which enures to the benefit of said guardians or any person designated by them, then such bond or instrument shall be void, and of no force whatever in law.

When the time shall come that he who has been under guardianship shall have the right to assume the management of his own affairs, the guardian shall give a complete account of the care of his ward’s property, in the presence of a priest or a judge, and shall receive from his former ward a full discharge from all obligations; so that, all restraint being removed, the said ward may come into full possession of his property, and have the right to dispose of it at his pleasure. But if it should happen that, while the guardianship is in force, the ward should be attacked by a dangerous illness, and should wish to dispose of his property by will, he can do so, provided he has completed his tenth year, according to the provisions of a former law.

If the guardian, while living or dying, should give any of the property belonging to his ward to his own children, or to any persons whomsoever, and no account of the same was made to the wards, according to the terms of the inventory which was made at the time the guardianship was accepted, and proof of this should be legally established, those who received said property from the guardian shall make full restitution to the wards. All wards shall have the benefit of this legal remedy, except where, by the lapse of time, and having passed the age of fifteen years, their rights shall be extinguished by law.