Impūbes
In Roman law, persons were classed as follows with reference to their age in its legal
aspect:
1.
Infantes, from birth to the end of the seventh year;
2.
Infantiā maiores, from the end of seven years to the age of
puberty, which was fixed at twelve for a girl and fourteen for a boy;
3.
Adulescentes, adulti, puberes, or
minores (sc.
xxv annis);
4.
maiores, above the age of twenty-five. The first two classes were
generally styled
impuberes.
An
infans could not perform any legal act whatever, nor incur any
liability; but one who was
infantiā maior and not in the power
of a father (see
Patria Potestas) could do
any legal act with the sanction (
auctoritas) of his guardian (
tutor). Without that assent he could do only such acts as were legally
beneficial, and not those that were to his disadvantage—e. g. he could not release
another from a debt due him, though he could enter into a contract looking to his own release
from debt. He could enter into a betrothal (
sponsalia) alone, because
the
auctoritas of the
tutor had reference only to
property; and
sponsalia did not give rise to any liability to be sued.
An impubes could not without the sanction of his
tutor be plaintiff or
defendant in a suit. He could acquire the ownership of property alone, but he could not
alienate it or manumit a slave unless with the concurrence of his
tutor.
See
Curatores;
Tutor.
