Limitations of Legal Guardianship and Its Solutions
Guardianship by agreement and guardianship by appointment are two distinctive ways of establishment of guardian in the normal system of guardianship in Chinese Civil Code.The reason why the Civil Code inherits the former General Principles of Civil Law of the People's Republic of China and its judicial interpretation and adopts these two ways of guardian establishment is to overcome the normative limitations of legal guardianship.Legal guardianship,as an important way of guardian establishment,will inevitably lead to disputes among legal guardians.In order to respect the legislative choice of giving priority to legal guardian-ship in Civil Code,we should systematically understand guardianship by appointment and guardianship by agreement on the basis of legal guardianship system.We can't put aside the legal guardianship system,and interpret without limitation the provisions of the Civil Code concerning guardianship by appointment and guardianship by agreement according to the principle of the best inter-ests of minors and the independent choice of the guardian.
guardianship of minorslegal guardianshipguardianship by appointmentguardianship by agreement
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