4. Analiza dispozițiilor alin. (2) al art. 150 NCC. Problematica instituirii curatelei în situația inexistenței contrarietății de interese între minor și reprezentantul său legal
4. Analysis of the provisions of para. (2) of art. 150 of the new Civil Code. The issue of establishing guardianship in the event of non-existence of the contrary interests between a minor and his legal representat

Summary/Abstract: Most times, the case law reveals some of the most interesting test cases pending before the court and raising extremely various questions, representing perhaps the most prolific source of law in the modern law. In our position of practitioners, ourselves, being in different positions, respectively as the representative of the guardianship authority and attorney, we performed the specific duties of the work which we are performing in relation to the occurrence of a litigious situation. The purpose of this paper, which in no case is highlighted by its scope, given the limited and concise benchmarks considered, it represented exclusively by the analysis of the scope of para. (2) of art. 150 of the new Civil Code in the assumption of the non-existence of the contrary interests between the minor and his legal representative / guardian and the latter’s inability to represent/assist the minor in preparing the act of disposal and the alternative of the judge to include in the phrase „other reasons” the impossibility of representing / assisting the minor by his legal representative/guardian in case of a long absence from home, based on the exercise of the professional activity in another locality.

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