60 THE LAW OF PERSONS meant a present consent to and approval of what is done by the ward, but in the modern law a subsequent ratifica- tion will have the same effect as a contemporaneous authority.^ Where there are several co-tutors the author- ity of one alone is generally sufficient.^ If the guardian withholds his authority the Court will in a fit case compel it.' A male or female minor upwards of fourteen or twelve years of age requires no authority to make a wiU,* nor is a marriage contracted without authority of the guardian invahd.^ Thus far of the powers , rights , and duties of the guardians of minors. Since the functions of the curators of lunatics and interdicted prodigals are generally similar,® it is unnecessary in an elementary treatise to make them the subject of special discussion. Section 4. Actions arising out of Guabdianship The actio Two actions arise out of guardianship, the one by the d^cta ward against the guardian {actio tutelae directa), the other and con- by the guardian agaiast the ward {actio tutelae contraria). The first is available to the ward and his heirs' against the guardian and his heirs,® and against each guardian in solidum (saving that on satisfaction by one the others are released), to render an accotmt of his administration,^ to transfer everything which by virtue of the guardianship has come under his control ; ■^" and also to make good all losses caused to the minor by his bad management. The contrary action lies for the guardian and his
Voet, 26. 8. 1. 2 Voet, 26. 8. 7.
^ Voet, 26. 8. 8, i. e. morihus. It was otherwise jure civili. Dig. 26. 8. 17.
- Gr. 1. 8. 2. 5 Qr. 1. 8. 3.
» Gr. 1. 11. 5 ; Voet, 27. 10. 5 ff. ' Voet, 27. 3. 4 ; also to the husband of a minor against her former guardians and in some cases to creditors.
- Voet, 27. 3. 5 ; or other successors.
» Voet, 27. 3. 7.
- Voet, 27. 3. 8 ; including claims arising ex contractu. Gr. 3. 1. 38.
The emancipated ward may sue in respect of such claims without
cession of the right of action. V. d. K. Dictat. ad loc. ; Dig. 26. 9. 2.
