FOREIGN EXPERIENCE OF LEGAL REGULATION OF THE INSTITUTION OF CUSTODY AND GUARDIANSHIP
Journal Title: Правова держава - Year 2016, Vol 21, Issue
Abstract
The article is devoted to legal regulation of the institute of custody and guardianship in some European countries, particularly in the UK, France, Germany, Italy and Hungary. The article indicates that the protection of personal and property rights of minors in these countries is carried out through a set of activities forming an institute of guardianship and custody. It is emphasized on the possibility of borrowing of positive developments of separate countries of Europe in this area to be used in Ukrainian legal space. It is necessary to pay attention to the positive experience of France, where a family council decides on the withdrawal or amendment of trustees, and the court is guarded most family council. This is a positive moment, as the family council can better than anyone – child or choose a guardian. Since the members of the family council can be parents and other relatives of the child or others. The legislature of Ukraine should pay attention to it and apply the practice at home. Also positive is the practice in Germany. A trustee is appointed in cases that cause some difficulties with parents or guardians. Such a model to demonstrate how the guardianship and trusteeship would be nice to functioning in our country.
Authors and Affiliations
I. A. Yanitskaya
Keywords
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