The «renovations» of the guard of fact gives after the Law 26/2015, 28 july of modification of the protection system to the infancy and to the adolescence (and II)

Abstract

The Law 26/2015, of July 28 of modification of the protection system to the infancy and to the adolescence it introduces opportune modifications in the regulation of the ordinary guardianship of minors and persons with the capacity modified judicially in situation of abandonment contained in the articles 239 and 239 bis of the Civil Code. Likewise, it modifies partly the regulation of the guard of fact, in I make concrete the article 303, including the possibility of granting tutelary powers judicially to the ismo. Beside establishing the guard's suppositions of fact that must motivate the declaration of abandonment and the possibility of the guardian of fact of promoting the privation or suspension of the native legal authority, removal of the guardianship and the appointment of the tutor. Beside establishing the guard's suppositions of fact that must motivate the declaration of abandonment and the possibility of the guardian of fact of promoting the privation or suspension of the native legal authority, removal of the guardianship and the appointment of the tutor. Beside being able to be constituted in cozy temporary of minors. With it it is advanced stepwise in the qualification of the guard of fact as measure of support in the line of the Convention of the ONU on rights of the persons by disability. On the scope of this reform in the regulation of the guard of fact it is what is going to centre on the present study.