LA INTERVENCIÓN JUDICIAL EN LA TUTELA. A PROPÓSITO DE LA RESOLUCIÓN DE LA DGRN, DE 17 DE ENERO DE 2011

Abstract

A guardian is the legal representative of his or her ward and the duly diligent administrator of the ward’s estate.  Courts, in their capacity as supervisory authorities, check on guardians’ performance of their functions, under the system of protection of authority laid down in the legislative reform enacted under Act 13/1983 of 24 October. Court supervision is embodied in a number of instruments established in the Civil Code, such as the requirement of court authorization in order to perform certain legal or other acts under articles 271 to 273 of the Civil Code. This paper deals with such instruments, which ought to be interpreted in a restrictive sense, with a certain amount of flexibility in their application and scope.