Legal Definitions - de excusationibus

De excusationibus is a Latin term originating from ancient Roman law. It refers to the specific legal grounds or justifications that a person could present to be excused from fulfilling a mandatory civic duty, particularly the role of a guardian.

In Roman society, individuals were often legally obligated to serve as a tutor (guardian for a minor) or a curator (guardian for an adult deemed incapable of managing their own affairs). These roles involved significant responsibility for managing another person's personal well-being and financial estate. "De excusationibus" outlined the legally recognized reasons that would allow someone to be exempted from this important, often burdensome, civic obligation.

Here are some examples illustrating how "de excusationibus" would apply:

• Example 1: Existing Public Service

  Imagine a prominent Roman citizen, already serving as a high-ranking magistrate or a senator, who is then appointed as a tutor for a wealthy orphan. Under the principles of "de excusationibus," this individual could petition the authorities to be excused from the guardianship. The argument would be that their existing, demanding public office already consumes their time and resources, making it impossible to adequately fulfill the responsibilities of a guardian without neglecting their primary civic duties.

• Example 2: Advanced Age or Infirmity

  Consider an elderly Roman citizen, perhaps in their late 70s or 80s, who is suffering from a debilitating illness or significant physical frailty. If this person were designated as a curator for an adult with mental incapacities, they could invoke "de excusationibus." Their legal excuse would be based on their advanced age and poor health, arguing that their physical and mental state prevents them from effectively managing another person's complex affairs, traveling, or overseeing property, thereby making them unsuitable for the role.

• Example 3: Poverty or Lack of Means

  Suppose a Roman citizen of modest means, struggling to manage their own small household and debts, is appointed as a tutor for a minor inheriting a substantial estate. This individual could present a "de excusationibus" plea. Their justification would be that their own financial instability and lack of experience in managing significant wealth would make them an unsuitable guardian for a large estate, potentially jeopardizing the minor's inheritance rather than protecting it. The law recognized that a guardian should ideally possess the means and capability to properly administer the ward's assets.