The Institution of Guardianship
The Institution of Guardianship

Summary/Abstract: The present paper contains an analysis of the institution of guardianship, one of great importance in the context of the legal ways of protecting the minor’s interest both form the personal and patrimonial point of view. In comparison with the parental authority, which represents the general rule of protecting the minor’s interest, guardianship is seen as a measure of exception. There are certain situations when the parental authority cannot be exercised due to objective situations like: parents being deceased, unknown; terminated parental rights; placed under legal interdiction; missing; declared dead by way of court of law. In order to replace the parental authority in such hypothesis, the legislator created the institution of guardianship, one of great importance in this context.

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