FAMILY COUNCIL AND THE TUTELAGE IN THE LIGHT OF THE NEW CIVIL CODE

An important area to which the Law No 287/2009 brings significant modifications is represented by the means in which are approached to legal ways for protecting the natural person. By comparing the actual regulation with the one previous to the new Civil Code (Family Code – Law No 4/1953 repealed and Law No 272/2004 on the protection and promotion of the rights of the child) – Art 40 Para 1, Art 41-42, repealed) we notice that if most of the means for protecting the natural person are still the same – the tutelage, guardianship and the placement under interdiction –, the application of these measures has registered significant changes. The family council stated by the new Civil Code is totally different in its composition, role and situations for which is established, by the institution with the same name stated by the Law No 217/2003 for the prevention and combat of domestic violence, defined as b eing the “association without legal personality and patrimonial purpose, formed by the family members with full capacity of exercise”, for the prevention of the conflictual situations and the mitigation between the family members. From the content of the texts referring to the family council it results that it is a consultative organ (without legal personality), appointed by the family court, with the role of overseeing the means in which the guardian fulfils his rights regarding the minor’s person and assets