Who is the Natural Guardian of a Minor? What is the Order of Natural Guardianship of a Minor?
Who is the natural guardian of the minor? In what order is the natural guardian of the minor arranged?
Based on the provisions of Article 52 of the Civil Code 2015 which stipulates as follows:
Natural Guardian of the Minor
The natural guardian of the minor specified in points a and b, clause 1, Article 47 of this Code is determined in the following order:
1. The eldest brother or the eldest sister is the guardian; if the eldest brother or eldest sister does not meet the conditions to be a guardian, then the next brother or sister is the guardian, unless there is an agreement that another brother or sister will be the guardian.
2. In the absence of a guardian specified in clause 1 of this Article, the paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother is the guardian or these people agree to appoint one or several of them as the guardian.
3. In the absence of a guardian specified in clauses 1 and 2 of this Article, the paternal uncle, paternal aunt, maternal uncle, maternal aunt is the guardian.
According to the above regulations, the natural guardian of the minor is arranged in the following order:
(1). The eldest brother or the eldest sister is the guardian;
If the eldest brother or eldest sister does not meet the conditions to be a guardian, then the next brother or sister is the guardian, unless there is an agreement that another brother or sister will be the guardian.
(2). In the absence of a guardian in item (1), the paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother is the guardian or these people agree to appoint one or several of them as the guardian.
(3). In the absence of a guardian according to items (1) and (2), the paternal uncle, paternal aunt, maternal uncle, maternal aunt is the guardian.
Note: The minors mentioned here are:
- A minor who has no father, mother, or whose parents are unknown;
- A minor whose father and mother both lose civil act capacity;
- A minor whose father and mother both have difficulties in perception and behavior control;
- A minor whose father and mother both have restricted civil act capacity;
- A minor whose father and mother are both declared by the court to have restricted rights to the child;
- A minor whose father and mother are both unable to care for, and educate the child and request a guardian.
Who is the natural guardian of the minor? In what order is the natural guardian of the minor arranged?
Does guardianship terminate upon the death of the guardian?
Based on Article 60 of the Civil Code 2015 which stipulates as follows:
Change of Guardian
1. The guardian is changed in the following cases:
a) The guardian no longer meets the conditions specified in Articles 49 and 50 of this Code;
b) The guardian is an individual who dies or is declared by the court to have restricted civil act capacity, has difficulties in perception and behavior control, loses civil act capacity, is missing; the legal entity acting as guardian ceases to exist;
c) The guardian seriously violates the guardian's obligations;
d) The guardian requests to be replaced and there is another person willing to act as guardian.
2. In case of changing the natural guardian, those specified in Articles 52 and 53 of this Code are the natural guardian; if there is no natural guardian, the appointment and designation of the guardian shall be carried out in accordance with Article 54 of this Code.
3. The procedure for changing the guardian shall comply with the provisions of the civil status laws.
According to the above regulations, when the guardian dies, a new guardian is appointed, hence the guardianship does not terminate.
In the case of changing the natural guardian, those specified in Articles 52 and 53 of the Civil Code 2015 are the natural guardians; if there is no natural guardian, the appointment and designation of the guardian shall be carried out in accordance with Article 54 of the Civil Code 2015.
What conditions must the guardian meet?
Based on the provisions of Article 48 of the Civil Code 2015, it stipulates as follows:
Guardian
1. Individuals or legal entities that meet the conditions specified in this Code may act as guardians.
2. In cases where a person with full civil act capacity chooses a guardian for themselves, when they need a guardian, the selected individual or legal entity shall act as guardian if they agree. The selection of a guardian must be made in writing with notarization or certification.
3. An individual or legal entity can be the guardian for multiple people.
Moreover, based on the provisions of Article 49 of the Civil Code 2015, it stipulates as follows:
Conditions for Individuals to Act as Guardians
Individuals who meet the following conditions may act as guardians:
1. Have full civil act capacity.
2. Have good moral character and the necessary conditions to perform the rights and obligations of a guardian.
3. Not being prosecuted or having been convicted but not yet have their criminal record expunged for the offenses of intentionally infringing on the life, health, honor, dignity, or property of others.
4. Not being declared by the court to have restricted rights over a minor child.
Based on Article 50 of the Civil Code 2015, it stipulates as follows:
Conditions for Legal Entities to Act as Guardians
Legal entities that meet the following conditions may act as guardians:
1. Have civil legal capacity appropriate to the guardianship.
2. Have the necessary conditions to perform the rights and obligations of a guardian.
According to the above regulations, the conditions for guardians are as follows:
For individuals to act as guardians
- Have full civil act capacity.
- Have good moral character and the necessary conditions to perform the rights and obligations of a guardian.
- Not being prosecuted or having been convicted but not yet have their criminal record expunged for the offenses of intentionally infringing on the life, health, honor, dignity, or property of others.
- Not being declared by the court to have restricted rights over a minor child.
For legal entities to act as guardians
- Have civil legal capacity appropriate to the guardianship.
- Have the necessary conditions to perform the rights and obligations of a guardian.
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