THE FAMILY COUNCIL - SUBSIDIARY MEAN FOR MINOR'S WELFARE

Abstract

The current Civil Code introduced significant changes to the guardianship institution, transforming it into an institution much more human, closer to both, the minor and his/her interests. This is mainly due to the possibility granted to the parent to appoint a guardian for her/his minor child, guardian who must protect the minor when the parents can no longer do. Along with the changes made to the guardianship institution reappears the institution of the family council, thus creating the possibility of a more efficient protection of the minor's interests.
The Family Council is an advisory institution which may be established for the supervision of the way in which the guardian shall exercise his rights and performs his duties on the juvenile person and property.
The Guardianship Court can be a family council made up of three relatives or in-laws of the family taking into account the personal relationships with the minor's family. In the absence of relatives and in-laws can be appointed other persons who had ties of friendship with the minor's parents or show interest in this situation.
The role of the new institution is to protect the interests of the juvenile through its supervision by the biological or extensive family in how the guardian duties were performed.