IV. Obligations of Relatives and Tutors

What are the obligations of other relatives? - As to other relatives, ascendants and descendants, the obligations are generally the same, with due proportion, as those of parents with respect to children, and vice versa. For all these, by reason of generation, of some from others, are mutually bound by a strict bond of piety, especially if, when parents are lacking, ascendants take up the care of grandchildren. But theologians commonly teach that they ought to take up this care, in defect of parents and tutors, as long as they are minors, and as much as they conveniently can. Other things being equal, the paternal grandfather is bound to take up that care before the maternal grandfather, as the doctors commonly teach.

As to brothers and sisters, these ought to pursue one another with mutual love, not only by common affection, as other men, but by particular affection on account of the close bond of blood. They also ought to help each other mutually as to the necessities of life, not only in extreme necessity, but also in grave necessity. L. 340.

The remaining blood-relatives and collaterals are likewise bound mutually to furnish love and help in necessity, according to the order of the degrees of consanguinity. The reason is that conjunction of blood and descent from the same stock and principle of life induces this special obligation of piety. Hence, in defect of parents, or quasi-parents, and ascendants, collateral blood-relatives also succeed to the obligation of furnishing support to one in need in ordinary necessity and beggary, if they can, or unless others are present who wish liberally to relieve a similar necessity. Struggl 20. "It must be said that someone from what is proper to him must satisfy parents more, or those from whom he has received greater benefits." S. Th. 2. 2, q. 62, a. 5 ad 4.

Since conjunction with other blood-relatives is not so great as with parents and children, in order that piety be gravely injured against them, a certain greater harm inflicted upon them is required, though less against brothers and sisters than as to others less closely joined. But against more remote relatives a special grave malice against piety is absent.

What about support to be furnished, as to various blood-relatives and in-laws? - By the right of piety some ought to exhibit or feed others if they are in necessity. But to furnish support, in the first place a spouse is obligated; second, descendants; third, ascendants; fourth, son-in-law and daughter-in-law; fifth, father-in-law and mother-in-law; finally, brothers and sisters, which obligation indeed is reciprocal. C. I. 132, 138-142; C. G. 203, 205, 207, 212; C. L. 172; C. H. 143 seqq.; C. B. 1601 seqq.; C. He. 228 seqq. Ascendants are bound in the order of proximity. C. I. 138; C. H. 144; C. L. 173. But descendants are bound in that order by which they would be called to the legitimate succession of the person in need. C. I. 142; C. H. 144. Support is owed to brothers and sisters if they are in very grave necessity. C. I. 141; C. H. 143; and C. L. 174, in defect of parents and other ascendants; from C. He. 329, when they are sufficiently rich. In those places in which civil law does not obligate brothers and sisters to furnish support to brothers and sisters, nevertheless natural charity and piety press gravely if brothers or sisters have been constituted in grave necessity.

But as to other more remote blood-relatives, besides brothers, if they are in grave necessity, the obligation is still present, although light, "since toward them also there is some obligation of piety, although not so strict." L. 339, l. 3, n. 946; Lugo, de Iust. et Iur., d. 24, n. 176. Yet the obligation of piety is present more strictly toward other blood-relatives of the direct line. Mother-in-law and daughter-in-law lose support if they pass to other nuptials, or if the spouse from whom the affinity arose has died leaving no descendants. C. I. 140; C. G. 206.

Parents cannot deny support to children because, against their will, they contracted nuptials with unworthy persons. L. l. 3, nn. 337, 949. "Sanchez, etc., say that a father is bound to furnish support not only to the son, but also to his wife, although he married her without dowry and against the will of the father himself. Besides, Azor, etc., hold that a father must feed the son even if the son has viciously consumed the portion already previously handed over to him." L. 336, 337. "But it is certain that parents are bound to furnish support to children, even spurious children, and even those born from condemned intercourse, if they cannot be sustained from elsewhere." L. 951.

Nor indeed generally is it licit to deny support because he who asks it came to poverty by his own fault, except to brothers and sisters from C. I. 141; and from C. B. 1611 only strict sustenance is owed. From the same C. B. 1963, 1969, if, an inheritance having devolved, an heir to be born must be awaited, the mother who cannot provide for her own sustenance can demand support fitting to her social condition from the inheritance itself up to the birth. Likewise the heir is bound to furnish support to the members of the family of the deceased for a month from the inheritance devolved.

But how much must be furnished is to be estimated from the necessity of the one asking and from the resources of the one giving. C. I. 143; C. G. 208; C. H. 146; C. L. 178, 179. Support comprehends food, clothing, habitation, and other things necessary for life, and, according to circumstances, instruction fitting for the person. C. I. 846; C. H. 142; C. B. 1610; C. L. 171. But an option is given either of receiving the needy person at home, or of furnishing him a pension, unless the judge has established otherwise. C. I. 145; C. G. 210; C. H. 149. But because this obligation of furnishing support is from charity and piety, not from justice, he who does not furnish it is not bound to restitution, nor is he obligated toward the heirs of the deceased who had the right to it. C. I. 144, 146; C. G. 209; C. H. 148, 150, 151. Cf. C. A. 171; C. L. 176; L. 339, 356, 946, 949, 951.

The obligation of furnishing support can vary according as the conditions of him who furnishes it, or who needs it, have varied. C. I. 144; C. G. 209. It ceases altogether when he who needed support has died, although it was owed to him from sentence of the judge, C. I. 146, or from donation or legacy, because these things are personal. Therefore if by legacy it was owed for ten years, if the one to whom support was left dies before that, the right of support does not pass to his heirs.

What about repairing harms? - The question is generally raised: Is a superior bound to repair harm inflicted by his subjects?

R. Affirmatively in the external forum, according to the various laws in force in various regions. Generally this obligation of repairing harm on account of the deed of another is either from negligence in custody and vigilance to be used, or from the choice of persons whom we deputize to do something. Cf. C. I. 1153; C. G. 1384; C. H. 1903, in which express mention is made: 1. Of the father, and, when he has died, from C. G., or is lacking from C. I., of the mother in relation to minor children dwelling with them; and in C. I. and in C. H. of tutors in relation to those whose administrators they are, likewise dwelling with them. 2. Of the master and of the one commanding in relation to servants and mandatary persons in the exercise of functions to which they themselves destined them. 3. Of the teacher and craftsman in relation to students during the time in which they are under their vigilance. But nothing is established about the husband in relation to the wife.

Moreover, an obligation of this sort, whether in parents or in tutors, whether in masters and those commanding, whether in teachers and craftsmen, ceases, from each Law, Italian and French, whenever they prove that they could not have impeded the deed concerning which otherwise they would have to respond; or, from C. H., that they used due diligence. C. G. 1424. From C. B. 828 seqq., children before the completed seventh year by no means answer for harm inflicted. After the seventh year and before the eighteenth year, they answer for it if necessary discretion was not lacking. But those who ought to watch over them must repair the harm if they omitted to use due diligence. The same is established about one commanding another some business, if this other inflicts harm on another in the execution of that business, unless the one commanding used ordinary diligence. From C. He. 333, the head of the family, or of domestic communion, answers for harm inflicted by a member of it who is a minor, interdicted, or of infirm mind, unless he demonstrates that ordinary diligence required by the circumstances was used.

R. Negatively, speaking generally, in the internal forum. The reason is that the quality of superior brings only the burden of governing subjects rightly, but by no means the obligation from a debt of justice of impeding harms of his own subjects, and much less of others who are not subjects, unless he ought to impede them either from a special contract or from a special office. Hence a private schoolmaster who does not correct students stealing or detracting from others, although he ought to imbue them with good morals and receives payment for this, nevertheless is by no means bound to restitution to those from whom the students steal or whom they detract, since nothing was done with them.

Speaking generally; for they who preside over others are bound concerning harm if they do not prohibit it in that thing or office in which they ought to be over them, for example, if the apprentice of a pharmacist gave poison instead of medicine, provided they do not lack grave fault. The same altogether holds if from your animal, or from your thing, with your fault harm happened to another, if, for example, your dog, untied, bit one entering, or your house, collapsed from age, killed several. Inst. 1, l. 1, t. 7; l. 4, tt. 5, 8; Dig. 1. 47, t. 5; C. A. 1308, 1309, 1314-1316; C. L. 2394 seqq.; Gousset 963 seqq.

What are tutor and curator; and to whom are they given? - To those who cannot protect themselves and their own, if they are not under paternal power, a tutor or curator is given. C. A. 187; C. B. 1773. Tutor and curator differ from each other: 1. because a tutor is given principally to the person, secondarily to things. But a curator is given either only to things, or principally to things, and only secondarily to the person, at least regularly speaking. C. A. 188, 209; C. B. 1793, 1794, 1909.

2. They differ because a tutor cannot be given for a certain thing and cause. But a curator can be given for certain things and determined causes. And thus C. I. 980; C. B. 1961, a curator is assigned to an unclaimed inheritance; C. A. 274, 690; C. L. 157; C. B. 1912, a curator is given to the inheritance of future offspring to be born, and to an inheritance when legacies burden it whole and the heir refuses to administer it. C. B. 1911; C. L. 55 seqq., a curator is given to the goods of one absent. C. B. 1913, 1914, a curator is given to the goods of an unknown owner, and to goods coming from public collections when their administrators are lacking.

3. He who is under tutelage can do absolutely nothing. He who is under care, if he is an emancipated minor, can with the assistance of the curator demand principal sums and pursue judgments, C. I. 318; C. G. 482; if he is a major declared incapable, or deaf-mute or blind from birth, he can do all things with the assistance of the curator. C. I. 339, 340; C. G. 513; C. A. 269, 270.

4. They differ from Common Law, because a tutor is regularly given to a ward or one below puberty, and to him who is compared to one below puberty. But a curator is given to a minor or pubescent up to the twenty-fifth year of age. Inst. 1, l. 1, tt. 13, 23; Ferraris, v. Tutela, 10 seqq. From More Recent Law, a tutor is given to a non-emancipated minor and to one interdicted from the administration of goods. But a curator is given to a son soon to be born; to a minor called to an inheritance; to an emancipated minor; to a major declared incapable because of infirmity of mind or prodigality; to an absent person; to a deaf-mute, or one blind from birth. C. I. 236, 241, 245, 247, 277, 314, 315, 329, 339, 340; C. G. 389, 393, 405, 450, 482, 505, 509, 513; C. B. 1773, 1893, 1901, 1909-1914; C. L. 55, 65, 317, 337, 349, 356. From C. H. 199, 200 no distinction is had between tutor and curator as to name; but as to the thing it is preserved. For a tutor is given both to the person and goods, and only to goods. Subject to tutelage are non-emancipated minors, the insane, deaf-mutes, prodigals, and the interdicted. Almost the same is had in C. A. 187, 188, 269, 270, 275.

But in any tutelage a protutor must also be chosen, whose role it is to supply the place of the tutor and protect the minor if the minor's good is opposed to the good of the tutor. C. I. 265; C. G. 420; C. H. 201, 234; C. L. 205. Cf. C. A. 211, 215; C. B. 1791, 1799; L. 917; C. L. 187 seqq.

Who designates a tutor; who can be tutors? - R. To the first: The following can give a tutor: The parent who dies last, either by testament or by public instrument, C. I. 242; cf. C. A. 196, 197; C. H. 206; the family Council, if the parent did not designate and those whom the law designates are lacking, C. I. 245; cf. C. A. 198, 199; C. H. 204, 211, 212, 231; the council of tutelage and the judge in certain cases, C. I. 248, 261, 262; C. A. 189, 190, 199, 204. The family Council is constituted for legitimate children; the Council of tutelage for acknowledged illegitimate children. C. I. 249, 261; C. B. 1774 seqq., 1852 seqq., 1858 seqq.; C. L. 203.

R. To the second: Since the tutelage of minors is a public office, filled with many cares, not all can assume it, nor can all reject it or ought they to; but only persons capable by law and designated by law. C. I. 268 seqq.; C. G. 427 seqq.; C. H. 202, 203, 237 seqq., 244 seqq.; C. A. 191 seqq., 201; C. L. 186 seqq. Tutelage and care by law belongs to the spouse, father, mother, paternal grandfather, maternal grandfather, C. I. 315, 330; C. G. 402 seqq.; C. B. 1776, and, these being lacking, to the nearer blood-relatives. C. A. 198. Cf. C. L. 200, 201, 227 seqq.; Inst. 1, l. 1, tt. 14-20, 25, 26; C. B. 1776 seqq.; C. L. 200.

What are the duties of tutor and curator? - A tutor has care of the person of the minor and of his education, especially religious education, and represents him in civil acts, and merely administers his goods. C. I. 277, 296, 318; C. G. 450, 457, 481; C. H. 261 seqq.; C. A. 188, 205, 216, 243; C. B. 1793, 1801 seqq.; C. L. 243 seqq., 258 seqq. Hence he cannot exceed the limits of administration. C. I. 296 seqq., 301; C. G. 456 seqq., 482; C. A. 233, 484; C. H. 269, 275; C. B. 1804, 1831. A curator furnishes assistance and authority to him who is under his care. C. I. 318, 339, 432. Therefore the power of tutor and curator is confined within certain limits, and in any matter whatever of graver moment is dependent upon the family Council and even upon the homologation, or confirmation, of the tribunal. C. I. 296, 297, 301; C. G. 457, 467; C. H. 269 seqq., 293 seqq.; C. A. 216, 233; C. B. 1803 seqq.; C. L. 74 seqq., 263 seqq.

Therefore both tutor and curator are bound to use great fidelity in their own office, as a good father of a family, and if he gravely fails in fulfilling it, he sins gravely, even against justice, by force of a quasi-contract, and they are bound to compensation of harms. C. I. 277, 302; C. G. 450, 469; C. A. 202, 204, 228, 264, 265; C. B. 1805, 1833, 1848; C. L. 220 seqq.; L. 341, 917, 918.

A tutor, unless he is the paternal or maternal grandfather, must give surety, from which however the family council can dispense him. C. I. 292. Cf. C. B. 1844; C. H. 252 seqq. From C. A. 237, a tutor is not obligated to surety. Besides this, from the beginning of tutelage he must make a statement and inventory of the goods of the minor. C. I. 281; C. G. 451; C. A. 222, 223, 224; C. H. 264; C. B. 1802.

Each year, while tutelage lasts, unless he is the paternal or maternal grandfather, he must render an account of his administration to the family Council, C. I. 303; or to the substituted tutor, C. G. 470; or to the pupilary judge, C. A. 238, 239. Cf. C. H. 279 seqq.; C. B. 1837 seqq.; C. L. 249 seqq.

When tutelage has been completed, he is likewise bound to render an account of his administration, C. I. 302; C. G. 469; C. H. 281; C. B. 1890, and he is bound concerning less diligent administration, unless he is freed by legitimate prescription. C. I. 309; C. G. 475; C. H. 287; C. B. 1833; Inst. 1, l. 1, t. 21. Acts of the family council and tutor need the homologation of the tribunal when the matter concerns alienation of the goods of the minor, receiving money by loan, and other graver matters. Homologation is ratification, confirmation.

Note: The tutor or protutor cannot buy or hire the goods of the minor, nor can he accept the cession of the rights of the minor. No agreement can be made between tutor and minor, nor can any testamentary disposition useful to them be made before the account of tutelage has been rendered and approved. Yet he has the right to compensation for expenses made by reason of tutelage, and to fitting remuneration for his office. C. I. 300, 307, 769, 1457; C. G. 156, 450, 472, 907; C. H. 269, 270, 275, 276, 285, 753; C. A. 266, 271; C. B. 1795, 1796, 1805, 1834-1836; C. L. 73, 243 seqq.; L. 917.

You will resolve: A tutor or curator cannot make donations or gratuitous remissions from the goods of the ward; he is constituted not for destroying, but for protecting. Except a remuneratory donation; for thus he can, for example, add something by liberal donation to a stipend owed for liberal service. Lugo, d. 23, s. 10; L. 341; C. H. 275; C. B. 1804.

What are the obligations of a minor? - A tutor is in the place of a father. Hence the duties of a minor toward him are similar to those which would be owed to the father himself. But the obligation of a minor toward a curator is lesser; yet as to administration of goods he must both be subject to him and bear a grateful mind. Yet a minor is not bound, whether toward curator or toward tutor, as strictly to love, reverence, and obedience as toward parents. For his dependence upon them is far less than upon parents. C. I. 280; C. H. 263; C. A. 217.

What is the value of the acts of tutor and curator? - Those things which are done according to the laws, whether by tutor or by curator, are valid and firm, and therefore by no means liable to rescission, although they were not useful, but harmful, to him who was under tutelage or care. C. I. 335, 1300, 1304; C. G. 1314. On the contrary, those things which were not done according to the laws, although usefully managed, can be revoked through restitution in full. Through restitution; for meanwhile they are valid. C. I. 1107; C. G. 502, 1125, 1304; C. H. 1291; C. B. 1829 seqq.

How do tutelage and care end? - They end on the part of the tutor or curator by his legitimate excuse, removal, death, or by the affairs committed to him now completed. On the part of him whose tutor or curator he is, by his majority of age, or when the cause of interdiction or inhabilitation has ceased, or by his death. C. H. 278; C. A. 249, 251, 253, 283; C. B. 1882 seqq.; C. I. 388, 342; C. G. 512, 514.