Duties of Mandatary

The person requested was not bound to accept the mandate, but if he accepted it, he was bound to do what he had promised, or give it up in time to enable the mandator to act himself or get some one else. Otherwise, he would be liable to the mandator unless his failure to renounce was for some good reason, as sudden illness, a necessary journey, bad feeling between the parties, the mandator's insolvency, etc. Even though he had accepted the mandate he might renounce it, if done seasonably, provided the mandate was gratuitous. If a consideration was to be paid, the mandatary could not renounce without liability for damages. If no damage resulted there was no liability.

In executing the commission given him, the mandatary was required to conform at least substantially to its terms, and to act honestly, and with as much care as a good paterfamilias. For failure in these respects he was liable to an action for damages by the mandator (actio mandati directa). He was not liable far accidental loss unless he had so agreed.

In the care of any property entrusted to him he was bound to show ordinary care, not being Hable only for wilful default {dolus) like a gratuitous depositary, a distinction for which no good reason appears.

The mandatary was bound to surrender to the mandator everything he gained by the performance of the mandate, including rights of action against third persons, upon which the mandator could sue in the name of the mandatary. In this way a relation very much like agency was established. If the mandator had been permitted to sue the third person in his own name it would have been a true case of agency.

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Curators

By the Roman law a male became of age for all purposes upon reaching the age of puberty. Females, at least under the older law, never attained full legal capacity. Plainly, however, a law which gave to a boy of fourteen full power to manage his own affairs was unsafe for him, and modifications were introduced from time to time for his protection. By an early law of uncertain date passed for the relief of minors (le.r Plcetoria), they were permitted to apply to the prsetor for the appointment of a form of guardian known as a curator, who would be appointed on proof of the minor's incapacity to manage his own affairs. And in time it became the rule for magistrates to appoint a curator upon the minor's application. But a minor above the age of puberty could not be compelled to have a curator, except when, on being sued, he neglected or refused to apply for a curator, in which case a curator would be appointed on petition of the plaintiff to defend the suit. The du
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The Several Kinds of Tutors

(1) Testamentary Tutors. These were appointed by the will of the deceased paterfamilias of the pupil. This mode of appointment was authorized by the Twelve Tables. ( 2) Statutory Tutors. These succeeded to the tutela by virtue of the provisions of the Twelve Tables or of some other Statute, but only if there were no testamentary tutors. They were called legitimi tutor es. They were the agnates (by Justinian's legislation, the nearest of kin, whether agnates or cognates) who in case of the death of the pupil would succeed to his inheritance. They were appointed upon the principle that those who had the advantage of the inheritance ought to bear the burden of the tutela (ubi entolumentum successionis ibi et onus tutelcs). In this connection may be mentioned also the guardianship of the patron over his freedman, and of the father over his emancipated child. (3) In the absence of a testamentary or statutory tutor, power was ' given to certain magistrates to appoint
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Nexum

This was an ancient contract made by the ceremony of mancipation per aes et libram . Very little is known about it. Its application seems to have been very narrow, perhaps limited to the contract of loan. It was obsolete from a very early date.
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