GUARDIANSHIP FOR SPECIAL CASES Cover Image

СТАРАТЕЉСТВО ЗА ПОСЕБНЕ СЛУЧАЈЕВЕ
GUARDIANSHIP FOR SPECIAL CASES

Author(s): Uroš Novaković
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Београду
Keywords: Collision guardianship; Guardianship of property of unknown proprietors; Guardianship over an absentee; Guardianship over a foreign citizen; Voluntary guardianship;

Summary/Abstract: All forms of guardianship for special cases under Family Code of Serbia represent instances of temporary guardianship, aimed at provisional protection of the rights and interests of certain types of persons. In some cases, the authorities are obliged to appoint a temporary guardian for the ward. In other cases, the ward is entitled to appoint a temporary guardian for himself (voluntary guardianship). The main focus of thе article are mandatory forms of temporary guardianship. The author addresses the issue from both national and comparative angles, and examines the variety of temporary guardianships: collision guardianship as the central form of mandatory temporary guardianship, and the less frequent types, such as guardianship of property of unknown proprietors and guardianship over an absentee. The article also attends to the least frequent kinds of guardianship, such as voluntary guardianship and guardianship over a foreign citizen. The author looks at the ways in which temporary guardianship may cease to exist, and questions the purpose of voluntary guardianship. Finally, he calls attention to the importance of cooperation amongst the courts, administrative bodies and other state authorities, in the matters of guardianship for both regular and special cases.

  • Issue Year: 58/2010
  • Issue No: 2
  • Page Range: 187-212
  • Page Count: 26
  • Language: Serbian