L’incarico tutelare nelle vicende storiche del tutore sospetto: i momenti del passaggio da officium a munus

Abstract

The present work aims to illustrate, from a peculiar perspective – emerging from certain testimonies on the accusatio suspecti tutoris, the transition of the tutor’s role from a mere private assignment to a munus of public relevance. After focusing on two fundamental moments in the overall regulation of guardianship – the introduction of tutela dativa and the expansion of liability to cases of negligence – several passages mainly from title D. 26.10, De suspectis tutoribus et curatoribus, are examined. The originally public nature of the accusatio procedure provides a privileged key to understanding this transformation, which occurred through an extension of the standing to bring action: a quasi-publica action was also extended to women, representing the outcome of both jurisprudential interpretation and imperial interventions. Ulpian is the most representative voice in the reorganization of the matter, following in the footsteps of Julian, the jurist who supported to light the minor’s interest as the primary objective of the guardianship function.