CONTRIBUŢII LA STUDIUL REGLEMENTĂRILOR LEGALE REFERITOARE LA ÎNCUVIINŢARE ŞI REVOCAREA MANDATULUI DE OCROTIRE
CONTRIBUTIONS TO THE STUDY OF THE LEGAL REGULATIONS RELATING TO THE GRANTING AND REVOCATION OF THE GUARDIANSHIP MANDATE

Summary/Abstract: Inspired by French, Swiss and even Quebec legislations, the protection mandate, in order to produce effect, must be approved by the guardianship court, after a special non-contentious procedure provided by Art. 9431 – 9437 of Civil Procedural Code which is properly supplemented with non-contentious procedural provisions of common law. The approved protection mandate can only be revoked by a decision of the guardianship court. Without proposing a critical analysis, we point out the fact that some norms dedicated to this procedure are useless because they unjustifiably duplicate rules provided by non-contentious common law procedure. Also, some legal provisions are susceptible to be improved. The proposed analysis circumscribes important aspects of the procedure, namely: the materially and territorially competent court to approve the protection mandate, the specific elements of the approval request, the preliminary measures that the guardianship court orders until the request is resolved, the resolution of the request, the appeal against judicial decision by which the request is resolved, the communication of the request and the revocation of the approved protection mandate.

• Details
• Contents