Page:An introduction to Roman-Dutch law.djvu/103

GUARDIANSHIP 63 due to them arising out of the administration and to the extent of loss attributable to the guardian's misconduct.¹ By the Roman-Dutch Law this extends to the property of all tutors (natural, testamentary, or appointed) and cura- tors, as well as of protutors,² i. e. persons who have acted as tutors without appointment or confirmation, and of agents and others who have concerned themselves in the administration of the minor's estate. Further, the liability attaches to a step-father who has married a mother-tutor before she has wound up the tutorship and settled her accounts; also (semble) to the wife, married in community, whose husband has, during the marriage, undertaken the duties of guardianship.³ By statute this. legal hypothec has been abolished in the Transvaal and materially re- stricted at the Cape.*

Guardianship is determined by the following events: How viz. (1) the death of the minor; (2) the death of the ship ends. guardian,5 in which case a surrogated tutor (if any) or tutor dative replaces him; (3) majority, unless the Court decides that the ward is to remain under guardianship for some time longer; 6 (4) marriage, unless the Court for weighty reasons orders that the guardianship is to con- tinue either absolutely or with respect to the immovable property of the ward; 3 (5) venia aetatis ; (6) arrival of time or cessation of purpose, when the guardian- ship was created for a limited time or purpose; ³ (7) removal 10 or release of the guardian by the Court;