What is a guardianship relationship and what kind of relationship does guardianship mean

Hello,

Guardianship is a legal system in which minors and adults with mental illness are appointed to protect their interests, supervise their behavior, and manage their property. Persons with limited capacity for civil conduct and persons without capacity for civil conduct enjoy the capacity for civil rights, but lack capacity for civil conduct and cannot "participate autonomously" in civil activities. Therefore, in order to achieve equality of civil rights capacity, it is necessary to implement remedies for lack of civil capacity.

Guardianship is such a remedy system for those who lack civil capacity, and those who have no or limited capacity for civil conduct can indirectly participate in civil legal relations through guardianship.

Guardianship relationships mostly occur between relatives, and guardianship is an identity relationship in nature, so the relevant provisions of the Family Law are also applicable to guardianship.

Guardianship is an important legal system in the theory and practice of civil law. The definition of guardianship is different in theory, and at the same time, the provisions on guardianship in the civil codes of various countries are also different. It is generally believed that guardianship refers to a system stipulated in the civil law to supervise and protect the person, property and other legitimate rights and interests of persons who have no or her capacity for civil conduct or persons with limited civil capacity.

Guardianship, in essence, is a system of supervision and care for persons who lack capacity. The purpose of the establishment of guardianship is mainly to protect the lawful rights and interests of persons with no or limited capacity for civil conduct, so as to maintain the stability of social order.

Guardianship is incapacitated for civil conduct.

and persons with limited capacity for civil conduct (such as minors or mentally ill persons) who have the responsibility to supervise and protect the person, property and other legitimate rights and interests of persons with limited capacity for civil conduct. The guardian must have full legal capacity.

and in accordance with the provisions of the law.

To put it simply, it is others who take care of you. Let you grow better. Give it to me if you understand! Hehe.

Legal analysis: There is a guardianship relationship between the guardian and the ward, and this guardianship relationship is the element for the guardian to bear strict liability. Because minors lack the "ability to discern and judge" their own behavior, this guardianship relationship includes:

Routine education, pre-occurrence supervision and control of behavior. Therefore, even if the guardian can prove that he or she had exercised sufficient supervision before the occurrence and had fulfilled the duty of sufficient control over the perpetrator at the time of the occurrence, the perpetrator's behavior was still unavoidable, and the guardianship obligation of failing to perform adequate education could not be completely exempted. Therefore, the guardian who has fulfilled his guardianship responsibilities cannot be exempted from liability, but can only reduce his responsibility.

Legal basis: Article 27 of the Civil Code of the People's Republic of China Parents are the guardians of minor children.

Legal analysis: The guardians of minors are generally their parents, and other close relatives may serve as guardians if the parents are deceased or incapacitated; The guardians of adults who do not have full capacity for civil conduct are generally their spouses, parents, children, or other close relatives, and in special circumstances may be residents' committees, villagers' committees, or other individuals or organizations with the consent of the civil affairs departments for the guardian's residence.

Legal basis: Civil Code of the People's Republic of China

Article 27: Parents are the guardians of minor children. Where a minor's parents are deceased or the age is incapacitated, the following persons with guardianship capacity are to serve as guardians in order: (1) grandparents and maternal grandparents; (2) Elder brother or sister; (3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Article 28: The following persons with guardianship capacity are to serve as guardians in order for adults who have no civil conduct to show their blindness or have limited capacity for civil conduct: (1) spouses; (2) Parents and children; (3) Other close relatives; (4) Other individuals or organizations willing to serve as guardians, but only with the consent of the residents' committee, villagers' committee, or Ministry of Civil Affairs for the ward's residence.

1. Determination of guardians: (1) Determination of minor guardians1. The parents of minors are their guardians. 2. Where a minor's parents have died or have no capacity for guardianship, the guardian is to be the guardian of a grandparent, maternal grandparent, brother, or sister who is blind and has a close relationship with the minor, who is willing to assume guardianship responsibility, and who has the consent of the minor's father's or mother's work unit, or the residents' committee or villagers' committee of the minor's residence, as guardians.

3. If there is no legal guardian described above, the minor's parent's work unit or the residents' committee, villagers' committee, or civil affairs department for the minor's domicile is to serve as the guardian. (2) The order in which guardians of mentally ill persons are determined to serve as guardians is: 1. Spouse, parents, and adult children; 2. Other close relatives; 3. Other relatives and friends who have a close relationship, are willing to bear guardianship responsibilities, and have the consent of the mentally ill person's unit or the residents' committee or villagers' committee of the place of residence; 4. If there is no legal guardian described above, the mentally ill person's unit or the residents' committee, villagers' committee, or civil affairs department of the mentally ill person's residence shall serve as the guardian.

2. Notarization of guardianship: The notarization of guardianship shall be under the jurisdiction of the notary office at the place where the parties are domiciled, and the notarization of the guardianship agreement may also be under the jurisdiction of the notary office at the place where the agreement is signed. The parties shall personally submit an application to the notary office with jurisdiction, and shall not entrust others**.

Scattered. Article 27 of the Civil Code of the People's Republic of China provides that parents are the guardians of minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order: (1) grandparents or maternal grandparents; (2) Elder brother or sister; (3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

How to write the relationship with the guardian, you only need to fill in the relationship between the rock and the guardian according to the actual situation.

"Guardian" refers to a person who has guardianship duties over the person, property, and all other lawful rights and interests of a person who lacks civil capacity or a person who has limited capacity for civil conduct.

The relationship between the guardian and the ward is a guardianship relationship, and this guardianship relationship is an element for the guardian to bear strict liability. That is, when the ward commits an infringing act, the guardian cannot be exempted from liability even if he has fulfilled his guardianship responsibilities to the ward, and his liability can only be reduced.

Article 27 of the Civil Code of the People's Republic of China provides that parents are the guardians of minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order: (1) grandparents or maternal grandparents; (2) Elder brother or sister; (3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Article 28 of the Civil Code of the People's Republic of China: Adults who lack or have limited capacity for civil conduct are to be guardians in order by the following persons with guardianship capacity: (1) spouses; (2) Parents and children; (3) Other close relatives; (4) Other individuals or organizations willing to serve as guardians, but only with the consent of the residents' committee, villagers' committee members, or civil affairs departments for the ward's residence.