THE ORGANIZATION OF THE FAMILY COUNCIL
THE ORGANIZATION OF THE FAMILY COUNCIL

Summary/Abstract: The current paper approaches the legal issues related to the structure of thefamily council, as well as its organization or modification.First of all, it must be mentioned that though the legislator has inserted thisnew legal institution in its attempt to make the protection of persons more efficient,though the organization of the family council is not mandatory. This situation resultsfrom the provisions of Art 108 of the Civil Code, as well as from Art 124 of the samedocument.Both legal texts state about the fact that this consultative organ supervising theactivity of the guardian can be organized by the guardianship court. The statement ofthe legal norms cannot induce the idea of a facultative feature of the family council, themore so as Art 108 Para 2 of the Civil Code states that in the absence of a familycouncil, its attributions shall be performed by the guardianship court. Moreover, unlikeother legislations2, the Romanian Civil Code states that the guardianship court shallhave the ability to organize a family council only upon the request of interested parties

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