Tra processo e diritto materiale: la natura e la funzione dell’actio protutelae

Why did the Praetorian Edict contain a special action against the person who acted “as a” guardian (is qui pro tutore negotia gessit)? The paper shows that the so-called actio protutelae was not introduced as a remedy available only against an unauthorized tutor with the purpose of validating his liability. Rather, the original purpose of this action was to overcome a specific procedural difficulty, namely to avoid that a verdict against, the gestor depended on proving that he had the status of tutor.