The Institution of Guardianship

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 from the personal and patrimonial points of view. In comparison with 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 parental authority cannot be exercised due to objective situations like parents being deceased, unknown; terminated parental rights; placed under legal interdiction; missing; or declared dead by way of the court of law. In order to replace the parental authority in such a hypothesis, the legislator created the institution of guardianship, one of great importance in this context.