DESEMNAREA TUTORELUI SAU A CURATORULUI PERSOANEI FIZICE ÎN VEDEREA LUĂRII ÎN VIITOR A UNEI MĂSURI DE PROTECȚIE, CONFORM CODULUI CIVIL

The current Romanian Civil Code (entered into force on 10 October 2011), unlike the previous Romanian civil legislation, regulates a new legal institution, namely the designation of the guardian of the child by his parent in certain situations (Article 114 et seq. of the Civil Code), apart from the appointment of the guardian by the court. Likewise, the Romanian legislation also regulates the designation of the representative of the natural person, under the special conditions of the Law on the mental health and the protection of persons with mental disorders No 487/2002 or according to the Law No 272/2004 on the protection and the promotion of the child’s rights (republished on 5 March 2014) assuming the child’s parents are working abroad. All these assumptions of designation of the guardianship of the child by his parent represent the object of analysis of this study.