EL DEFENSOR JUDICIAL: SUPUESTOS CONCRETOS DE ACTUACIÓN.

Abstract

This study focuses on an analysis of the judicial defender as an institution guarding the underage and the legally incompetent. The office of judicial defender is characterised by being a temporary, transitional, subsidiary judicial appointment, and the judicial defender coexists in some cases with the persons who exercise parental authority, guardianship or custodianship. Special emphasis is laid on specific cases where the judicial defender must act, such as where there are opposing interests between the underage or the legally incompetent and their legal representatives; or when, in a transitional situation, there is no-one to play the function of a guardian properly; or, in short, other events contained in the Civil Code outside the sections expressly devoted to the judicial defender (sections 299 to 302). One-off references are made to pertinent doctrine and case law.