Terms appointment of a guardian (trustee), the realization of their rights and responsibilities

Abstract

In accordance with the provisions of the Civil code of Ukraine (hereinafter civil code of Ukraine) guardianship is established with the purpose of providing moral and economic rights and interests of minors, minors and adults, who for health reasons are unable to exercise their rights and obligations (article 55 of the civil code). The main difference of the guardianship is in the scope of civil legal duties that the law imposes on the guardians, based on the volume capacity of their wards and their health. Emphasized in the work of the General conditions of the appointment of a guardian). The author distributes them to: – negative conditions are obstacles to the appointment of a person to the role of a guardian. To them include: 1) a person deprived of parental rights if these rights have not been restored (including 1 tbsp. 64 of the civil code); 2) behavior and interests which are contrary to the interests of individuals asobi in need of guardianship or guardianship (including 2 tbsp. 64 of the civil code); 3) prohibiting the appointment of individuals who misuse alcohol napaam (including 3 tbsp. 244 of Ukraine SC); 4) other adverse conditions in accordance with the Rules on guardianship and trusteeship; – positive conditions – these are requirements which must be met by the person wishing to become a guardian (Trustee): 1) the age of majority; 2) full civil legal capacity of natural persons; 3) the consent of a legal guardian and Trustee; 4) relationship between guardian and ward; 5) ability to perform the duties of guardian (Trustee); 6) moral and other personal qualities guardian.