Page:An introduction to Roman-Dutch law.djvu/90

 50 Curators dative are appointed by the Court (in South Africa upon the application of the Master or of some person interested) to insane persons or prodigals, either for the care of the person, or the administration of the property, or both. In case of minor disqualifications such as deafness, dumbness, or the like, curators bonis may be appointed whose functions will be limited by the requirements of the particular case.

Curators ad litem are appointed to a minor or insane person or prodigal, for the purpose of bringing or defending an action, when such minor has no other guardian or curator, or where the guardian or curator is a party to the litigation.

The various kinds of guardian, then, are: (1) tutors testamentary; (2) tutors assumed; (3) tutors dative; (4) curators nominate; (5) curators assumed; (6) curators dative; (7) curators bonis; (8) curators ad litem; and they are appointed in the ways above described.

Van der Linden says that some persons are prohibited from being guardians; others may excuse themselves. To the first class he assigns: (1) persons who are themselves subject to tutela or cura, with whom must be included all persons less than twenty-five years of age, although