프랑스민법에서 미성년자 후견과 성년해방

Guardianship of Children below Puberty in French Civil Code

Children under the age of puberty is regarded as needing legal protection. The main purpose of guardianship was to protect children. The guardianship corresponds to the parental authority. There is two types of guardianship: statutory guardianship still exists but it is usually said, it is only seldom used in the practice. The second type of guardianship is an appointed one, and the assembly of relatives is given the power to appoint a guardian. And the traditional testamentary guardianship was abrogated with the 2007 Act. What is the most effective instrument to protect the children is a supervisor over guard. The judge of guardianship controlls the performance of guardianship through the supervision indirectly. He is chosen among the relatives who are members of the assembly of relatives. The guardianship would not normally have physical control over the ward. The legal act(contract) which a ward without his authorisation can be nullified in way of revocation, and the act turns as retroactively invalid. It is interesting that the nullifying child cannot be free from damages.