La protection is a relationship legal that allows a person be responsible for another. There are different types of protection. Some are designated by will while other people are appointed guardians by the Tribunal. Likewise crafts, there are guardianships that are only about the goods or the belongings of a person but not on the person same
It is constituted judicially In the case of unemancipated minors who are not under the guardianship homeland power their Parents (for example, because they have died or have abandoned the less), incapable, persons subject to homeland power extended (incapacitated persons over 18 years of age) edad), and minors in a situation of abandonment.
At the right civil Dominican the incapable are so because reason of minority of edad or interdiction judicial.
Types of Guardianships
Guardianship of the Parents. Art 389 CC
Guardianship of the ascendants. Art 402
Guardianship conferred by the father or for the mother. Art 397
Guardianship conferred by the council de Family. Art 405
What is a Tutor?
Be the representative legal and responsible for watching over and protecting the person and goods of the subjected to protection. A tutor is that person which is endorsed by the legislation of its country and not yet formally exercising the homeland power has his cargo la guard of a person or only their goods materials, according to each /// particular, because it is incapable of decide by itself as a consequence of being less de edad o estar disabled mentally.
El council de Family can dismiss the tutor.
All tutor is obliged a give account of its management when it is completed.
Can force to present to pro-tutor status of the situation of the goods entrusted to their management.
You must call a Council de Family
Guardianship after the death of one of the spouses
After dissolution of the wedding awarded by the death of one of the spouses, the protection Of minor and unemancipated children, it belongs fully right al spouse survivor.: If there are no surviving spouses, because the marriage has been previously dissolved, wedding , The protection will correspond to father or mother survivor. Without embargo, when in the /// of this paragraph, the absence of the tutor has left the less without protection at their person or in their interests, the council de family, established in the place of customer's home of the deceased, may appoint saying less un tutor or with a protector, sujeto, first of all, to homologation requested by instance, except for right, for him tutor legal excluded, from being challenged by opposition, and based on serious reasons, the decision in Justice, through demand al tutor dative. The challenges and the decisions made on them will not affect the validity of the acts already carried out by the tutor appointed, except in cases of fraud.
Who is incapable of being tutor?
- Those under edad, unless they are their children.
- Those who are subject to interdiction.
- All those who have or whose Parents had a lawsuit against less, to which they are linked state, the capital or a part. considerable of the goods thereof less.
- Those sentenced to a penalty distressing or infamous.
- People whose bad conduct is notorious.
- Those whose management prove inability or infidelity.
Who is exempt from exercising it? protection?
- President of the Republic
- Ministries of State, Deputies, magistrates and taxation of the SCJ, governors, any individual who exercises cargo public in a place other than that where it is to be exercise el tutor its functions.
- Military in asset the service.
- Any individual Most of sixty-five (65) years.
- Aquel citizen to suffer from a disease serious.
- Those who have 5 legitimate children are exempt from exercise otra protection other than that of those.
What are the causes of exclusion from the tutor?
- When he becomes incapable.
- By absence.
- By effect of a sentences that deprives him of this right.
- When you delegate your derechos to another person.
- What acts will the court not be able to perform? tutor without authorization of the Council de Family?
- Venta of real estate
- Venta de values furniture above a certain level figure
- Constitution of a mortgage
- Transactions
- Bank
- El exercise of real estate actions
- Donations
- Participations
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