The Guardianship In The New Romanian Civil Code

The paper presents the guardianship as an obligation of the tutor to perform the parent duties regarding the minor without parent protection, by analyzing the principles that govern the guardianship, its characters, the persons obligated to notice the guardianship court of justice regarding the minor without parent protection, the opening of the guardianship, the persons that can be tutor, the cases when the guardianship can be refused, the tutor designation by the guardianship court of law or by the parent, the family council, the persons that can be a part of the family council, the role and obligations of the family council, the tutor’s obligations regarding the minor’s protection, the minor’s representation or assistance in concluding the juridical acts, the minor’s goods administration, the inventory of the minor’s goods, the annual report and the general report made by the tutor, the discharge of the goods administration, the end of the guardianship and the tutor’s responsibility. The novelties in the guardianship matter brought by the Romanian Civil Code of 2009 - Law no. 287/25.06.2009, modified by Law no. 71/2011 for its application, are the guardianship court of justice, the family council, the possibility of designating a tutor by the minor’s parent, the personal or real warranties that the tutor can be obligated to present, the designation of a legal entity with the obligation of administering the minor’s goods, the civil fines imposed to the tutor for the guardianship obligations infringement.