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Let’s talk about the guardianship system of our country’s civil law
Guardianship system in civil law
Meaning: Guardianship is the establishment of a protector for minors and mentally ill persons who have no capacity for civil conduct or have limited capacity for civil conduct, to protect their persons and manage their property. legal system.
2. Determination of guardian (1) Guardianship of minors. 1. The minor’s parents are the minor’s guardians. 2. If the parents of the minor have died or have no guardianship capacity, the following persons with guardianship capacity shall serve as guardians: (1) Grandparents, maternal grandparents, brothers and sisters; (2) Other close relatives and friends who are willing to assume the responsibility Guardianship responsibility shall be determined by the legal education network approved by the unit where the minor's parents work or the residents' committee or village committee of the minor's residence. (3) When a person without these provisions serves as a guardian, the unit where the minor's parents work or the residents' committee, village committee or civil affairs department of the minor's residence shall serve as the guardian. Persons qualified for guardianship can determine who will serve as guardian through an agreement. (4) The divorce of the parents will not affect the custody relationship. (5) After the divorce of the parents, if the ward infringes upon the rights of others, the party living with the minor *** shall bear the responsibility, and the party not living with the minor *** shall bear the responsibility. Supplementary responsibilities. That is, when the party living with the minor child is unable to bear the burden, the other party will bear the remaining part of the legal education network.
(2) Guardians of mentally ill patients. For a mentally ill person who has no capacity for civil conduct or has limited capacity for civil conduct, the following persons shall serve as guardians: spouse; parents; adult children; other close relatives; other close relatives and friends who are willing to assume guardianship responsibilities. with the consent of the local residents committee and villagers committee.
If there is no such provision for a person to serve as a guardian, the resident committee, village committee or civil affairs department of the unit or residence of the mentally ill person shall serve as the guardian. Persons qualified for guardianship can determine who will serve as guardian through an agreement.
3. Responsibilities of guardians.
(1) Responsibilities of guardians.
Protect the health of the ward, take care of the life of the ward, manage and educate the ward; manage and protect the property of the ward and carry out civil activities on behalf of the ward; when the legal rights and interests of the ward are infringed upon Or when there is a dispute with others, represent them in litigation. A guardian may delegate part or all of his guardianship duties to others. If the ward needs to bear civil liability due to his infringement, the guardian shall bear it, unless otherwise agreed; if the ward is indeed at fault, he shall bear joint and several liability.
(2) Liability for breach of guardianship duties. If a guardian fails to perform his guardianship duties or infringes upon the legitimate rights and interests of the ward, he shall bear responsibility; if he causes property damage to the ward, he shall compensate for the loss. The people's court may revoke the guardian's qualifications based on the application of the relevant person or relevant unit. Those who have the right to sue in the People's Court, require the guardian to bear civil liability or change the guardianship relationship are other persons or units with guardianship qualifications
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