Procedura încuviinţării mandatului de ocrotire
The procedure for approving the protection mandate
Author(s): Lorena Alexandra AvramSubject(s): Court case
Published by: Universul Juridic
Keywords: protection mandate; consent; guardianship; revocation; prosecutor; guardianship court;
Summary/Abstract: The study analyzes the procedure for approving the protection mandate, an institution introduced in the Romanian legal landscape by Law no. 140/2022, the approval and, respectively, its revocation procedure being regulated by art. 9431 9437 introduced in the Code of Civil Procedure by the same law. As in the case of other measures to protect the natural person, the procedure regulated in this matter has a contentious nature, the participation of the prosecutor being mandatory, our legislator also provided for special forms of communication of the court decision, which take into account the interest third parties, considering the fact that the approval of the protection mandate aims to protect a double interest both of the protected person and of third parties.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2024
- Issue No: 1
- Page Range: 333-341
- Page Count: 8
- Language: Romanian