Canonum De Ius Positivum
Canons of Positive Law

one heaven iconVII.   Law

7.5 Potentiality of Law

Article 274 - Administrator

Canon 3066 (link)

Administrator is the term used to define the fifth most potentially powerful level and source of Official Power within any valid system of law. The power and authority of the Office of Administrator is called Officium.

Canon 3067 (link)

The word Administrator comes from the Latin administrator meaning “manager”. Its original meaning in Roman Public Law was one possessing the authority to manage certain public affairs.  However, from the 16th Century and the creation of Estates, the word Administrator acquired the additional technical meaning of "a Person appointed by an Ordinary (Judge) to be in charge of the goods of another, who died Intestate (without making a valid Will and testament), for which the Person is accountable as an Executor". Hence the phrase "Executor or Administrator" referring to either an Executor appointed by valid Will or Administrator appointed by a judge as the Ordinary.

Canon 3068 (link)

The word Administrator in terms of authority to conduct public affairs is equivalent to the words, ranks and positions of District Judge, Notary, Clerk, Cleric or Secretary. In terms of matters concerning Estates, the word Administrator is equivalent in powers by appointment by a duly authorized court to the position of Executor.

Canon 3069 (link)

An Administrator is usually a public official appointed by a Curator for a predetermined period of time which at its expiry results in the termination of their commission.

Canon 3070 (link)

In Roman Courts, when an Administrator is also a Clerk of Court, they historically are the agent of the Public Trustee and therefore possessing the same powers as the Public Trustee as a Trustee.

Canon 3071 (link)

In Roman Magistrate Courts, when an Administrator is also a Clerk of Court, they historically are the agent of the Board of Commissioners for the Municipality possessing the same powers as the General Guardian of the Person over all wards, being all residents of the ward.