<abstract xmlns="http://www.w3.org/1999/xhtml"><p>One of the measures employed to protect an individual is guardianship. Legal norms treat guardianship aimed at protecting a person with full capacity of exercise in certain special situations in a different way than they do guardianship for minors or persons placed under interdiction. While guardianship for capable persons is governed by the rules of mandate, guardianship for minors and persons placed under judicial interdiction are subject to rules applicable to custody for minors (art. 171 of the New Civil Code). As follows, we shall analyse the legal provisions established by the New Civil Code in the case of guardianship for capable persons, emphasising novelty elements as compared to the previous regulation.</p></abstract>

One of the measures employed to protect an individual is guardianship. Legal norms treat guardianship aimed at protecting a person with full capacity of exercise in certain special situations in a different way than they do guardianship for minors or persons placed under interdiction. While guardianship for capable persons is governed by the rules of mandate, guardianship for minors and persons placed under judicial interdiction are subject to rules applicable to custody for minors (art. 171 of the New Civil Code). As follows, we shall analyse the legal provisions established by the New Civil Code in the case of guardianship for capable persons, emphasising novelty elements as compared to the previous regulation.

Certain considerations regarding the protection of a capable natural person through guardianship in the light of New Romanian Civil Code

“Vasile Goldis” Western University of Arad

„Lucian Blaga” University of Sibiu, Faculty of Law, PhD Candidate

Journal of Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

One of the measures employed to protect an individual is guardianship. Legal norms treat guardianship aimed at protecting a person with full capacity of...

Certain considerations regarding the protection of a capable natural person through guardianship in the light of New Romanian Civil Code

Published Online: May 12, 2016

Page range: 15 - 23

Received: Jan 01, 2016

Accepted: Feb 01, 2016

DOI: https://doi.org/10.1515/jles-2016-0002

© 2016 Daniela Cristina Cret et al., published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.