Acta Universitatis Danubius. Juridica, Vol 14, No 3 (2018)

Abstract

Guarding is one of the most important legal institutes of the family law. That is one of the forms of social protection of children without parental care and it differs from adoption. According to the legislation in the Western Balkan countries where there are differences and similarities, the subject to guarding are not only children whose parents have passed away but children whose parent are alive could be the subject of guarding, as well: children left and children whose parents are not able to execute parental care. The organized placement of children from a family to the other is done by both, by parents and by the state competent organ.

Besides children, subject to guarding could be also persons that have no children, persons that overcome the age to gain the action capability and that this capacity have not gained based in different reasons. Finally persons that had the capability to act but that that capability was taken by a state organ could be subject of guarding.

Law of the Balkans countries regulates guarding in property even in cases when the property has the owner and also in the cases when the owner is not known by institutions.

During the analysis, we will see how the organ that decides on guarding taken the decision and of the legislative procedures regulate the process of putting a person under the guardianship.