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The curatorship is an institution designed to complete the ability to act in the sphere of economic activities of certain people who need this supplement.

The difference with a figure as similar as the guardianship is that the complement of the capacity that the guardianship does, works both in the economic sphere and in the personal sphere. These figures are intended to protect people who cannot protect themselves for various reasons.

Who can be the curator of these certain people? Usually it will be the closest family members. Who authorizes it? Only by judicial means can the figure of the curator be instituted.

When it is said that guardianship complements the capacity of a person in its economic aspect, it refers to the fact that that person cannot perform certain acts alone. But who are these people?

Subjects under conservatorship

  • The emancipated whose parents have died or were disabled. The curator supplements the faculty of the parents to complement the capacity of these emancipated minors.
  • Minors who would have had the benefit of coming of age (this is a similar figure to emancipation).
  • The prodigals, thus declared by judicial means, these are the people who have limited or restricted capacity because they are people who habitually endanger their assets through unjustified acts.
  • The judicially disabled who have limited capacity to act, but have a sufficient degree of discernment and therefore only need a complement in their economic and not personal sphere.

Extinction of conservatorship

Conservatorship can be terminated by:

  • The emancipated minor comes of age.
  • The minor who would have had the benefit of the age of majority reaches the age of majority.
  • The prodigality declaration is revoked.
  • The judicial incapacitation is revoked.
  • Death of the person who is under guardianship.

Functions of the curator

We can distinguish the functions according to the subject under guardianship:

  • Emancipated minor or the minor who would have obtained the benefit of coming of age:
    • Borrow money.
    • Sell ​​or buy real estate or commercial or industrial establishments and objects of extraordinary value.
  • Prodigal:
    • The acts indicated in the sentence that declare him prodigal.
  • Judicially disabled
    • The acts indicated in the sentence declaring him incapacitated

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