Guardianship, a Means of Protecting the Individual from the Perspective of Legal History: Between Roman Law and Romanian Law
Guardianship, a Means of Protecting the Individual from the Perspective of Legal History: Between Roman Law and Romanian Law

Author(s): Marilena MARIN
Subject(s): History of Law, Comparative Law, Roman law
Published by: Scientia Moralitas Research Institute
Keywords: curatorship; guardianship; history of law; Roman Law; Private Law;
Summary/Abstract: The need to protect individuals who lack the capacity to protect themselves has led the legislator to impose a set of conduct rules in this regard. The role and purpose of establishing these rules have been dictated by the legal order encountered in each era, in various forms, according to the level of evolution and development of society. This serves as the starting point of this study, considering that the institution of guardianship represents a longstanding concern, which we have continued to analyze over time, drawing on the doctrine and jurisprudence encountered up to this point. Within the scope of this work, we will bring to attention aspects of the ancient world related to the institution of representation through guardianship and curatorship, after which we will focus on the institution of curatorship as we find it in modern days.

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