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78 THE BURGUNDIAN CODE taker) from the possessor, and if he does not receive the guarantor (oathtaker) desired, let him have the right of taking the thing which he identified. 2. If indeed he has been mistaken in identification, let him be compelled to restore the article which he identified falsely, as well as another of like value. 3. If a slave identifies falsely, let him be beaten according to the value of the thing identified. LXXXIV 1. Because we know that the Burgundian allotments have been sold away (dissipated) with too much ease, we believe this rule should be established in the present law, that no one is permitted to sell his land unless he has an allotment or possessions in another place. 2. Also let this prohibition be added, that if anyone who has land elsewhere needs to sell it, then no outsider (extraneus) shall be set over (preferred to) a Roman host in the purchase of any property which a Burgundian has for sale, nor shall an outsider be permitted to buy land under any pretext. 3. Furthermore, it must be observed that his host may buy from him only who is proved to hold land elsewhere. LXXXV 1. If a mother wishes to assume guardianship ( t ~ t e l a ) , ~ no other relationship (parentela) shall be placed before her. 1 Cf. LIX. 2 The ideas conveyed by the expressions tutela and parentela are legal abstractions based on the principle of family control of individual relationship within the group. Parentela involves recognition of the powers and duties attached to parenthood including the personal relation of parental supervision and control, whereas tutela implies the powers of protection and guardianship associated with a ward, and predominantly affects the property rather than the erson of the ward. The rinciple of parentela places an individual under the re a1 jurisdiction of the rather or other family head (aNeni ju&) as derived from patria potestas, but tuteln is admitted only in cases of persons who ...

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