Modes of Contracting Free Marriage

The free marriage, or marriage without manus. was not required to be celebrated in any particular mode. Any declaration of consent, followed by the delivery of the wife to the husband or to his house (dustio in domum mariti) was sufficient, and whether such delivery was necessary is disputed. It appears that a man could by letter or message enter into a marriage although absent, provided the woman was taken to his house; but the woman could not "in her absence be married to a man vir absens uxorem ducere protest, femina absens nubere non potest).

It is to be supposed that cases of marriage where both parties were not present, or not followed by immediate cohabitation, were rare. Doubtless, too, most marriages were accompanied by various festivities and social observances, which, though without legal significance, tended most clearly to show matrimonial intent.

So far as the legal requirements of form were concerned, or rather the absence of such requirements, the free marriage did not differ from concubinage. Both were founded upon consent and both were accompanied by cohabitation. But marriage resulted from (matrimonial) consent, not from cohabitation {mtptias non concubitus, sed censensus facit. Dig. XXXV, 1, 15) and it was the intent of the parties that distinguished the one relation from the other.

The taking of a wife differed from the taking of a concubine only in the intent. Where the actual appearances were the same, there- fore, the status of the parties could be determined only by the aid of presum,ptions — marriage being presumed where the parties were of the same rank, and concubinage where they were of different rank. But by a constitution of Emperor Justin the presumption was always in favor of marriage.

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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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Risk of Loss - Intermediate Profits

Although the title to the thing sold did not pass to the buyer until the thing was delivered to him and the price was paid (unless the sale was on credit), yet when his title became complete by the delivery and payment, it was held to date not from the time of delivery or payment, but from the time of the making of the contract. The buyer was considered the owner from the time the thing was sold and the price agreed upon. Hence the property was held to be at the risk of the buyer from the date of the sale although not yet delivered to him. If the property was lost or destroyed before delivery without any one's fault, the. loss fell on the buyer and he was required to pay the price although he never received the property (res perit domino). Conversely the buyer was entitled to all the products or increase of the thing, in the absence of a contrary agreement (cujus periculum, ejus et commodatum esse debet). The buyer was also required to pay the expenses of keeping the
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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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