“Cura was a form of guardianship indicated by the necessities of the case, with respect to persons who, though sui juris, were in need of protection. It was not regarded as a substitute for patria potestas as tutela was…. It extended to the person as well as the property, and in the latter respect is much the same as in the case of the tutela of infants.” R.W. Leage, Roman Private Law 122 (C.H. Ziegler ed., 2d ed. 1930).
cura furiosi (kyoor-[schwa] fyoor-ee-oh-sI). A guardianship for an insane person who was mentally inca-pacitated.
“The cura furiosi empowered and bound the curator to manage the property of the lunatic on the lunatic’s behalf.” Rudolph Sohm, The Institutes: A Textbook of the History and System of Roman Private Law 492 (James Crawford Ledlie trans., 3d ed. 1907).
cura minoris (kyoor-[schwa] mi-nor-is). A form of guardianship for a minor under 25 whose capacity of action was complete, but whose judgment might be defective. Pl. cura minorum.
cura prodigi (kyoor-[schwa] prah-d[schwa]-jI). A form of guardianship for a spendthrift, usu. at the request of the person’s agnatic family.
“The cura prodigi differed from the cura furiosi in that the prodigus, unlike the furiosus, was himself capable of performing any act by which he acquired a right or benefit. The appointment of a curator, however, precluded the prodigus from performing any act which operated to alienate property or to subject him to a liability; any such act, in order to be effectual, had to be concluded either by the curator on behalf of the prodigus or by the prodigus with the approval of the curator.” Rudolph Sohm, The Institutes: A Textbook of the History and System of Roman Private Law 492 (James Crawford Ledlie trans., 3d ed. 1907).
