Legal representation of natural persons René D.

Albino Navarro LEGAL REPRESENTATION ON CONCEPTS OF NATURAL PERSONS (CUSTODY - GUARDS) René D. Albino Navarro Attorney Civil Law School University of Atacama I). CONCEPTUAL BASES ON REPRESENTACIÓN1 1). Concept Representation is an institu tion by which a person is bound or acquires a direct or immediate consequence of the act held on his behalf by a third party duly authorized to that effect. Its utility is clear, allows the development of trade, facilitate legal relations, etc. It is also necessary for certain people (unable) to act in the life of the law. The French Civil Code confuses representation and mandate. Not so in our Co de, art. 1448: "What a person performs on behalf of another, being empowered by it or by law to represent it in respect of the principal causes the same effects as if he had hired himself." 2). LEGAL STATUS OF REPRESENTATION. In doctrine ha s been raised several theories to explain the legal nature of representation, in other words, to point out what is legally speaking representation: a. Theory of fiction: (Pothier) According to this doctrine is a legal fiction that pops up a ct to the principal, instead of the representative who is, in fact, held the act . 1 NAVARRO A., René "General Theory of contracts and contracts in particular" Legal Issues of Santiago, Santiago, 2005. 1 Legal representation of natural persons René D. Albino Navarro b. Theory of a messenger: (Savigny) On concluding the contract is the principal, who uses a Conscientia (Messenger) to send its will on the other contractor. Th is messenger only acts as a vehicle for the will of the principal. c. Theory of cooperation of wills: (Mitteis) What really exists, is a cooperation of the will of the representative and the represented, so that the two are the will that gi ve rise to the legal act to be held with the other party. d. Theory of output: (Pilon - Levy Ullman) This theory holds that the act was we lcomed by the representative, but the effects are rooted in the principal. A typ e and as such modifies the effects of legal acts. For many authors, this theory fits perfectly into our law, it is clear from Article 1448: "what a person perfo rms on behalf of another ...", that is, who is the representative acts, then the same article adds: ... "produces about the same effect as if they represented h ad hired himself." Here is contained the meaning, in form, in this institution: the effects of the act do not follow the rule, but lie in the principal. 3). ACCEPT THE CONSEQUENCES OF THEORY OF THE METHOD • The event celebrates the r epresentative and it should look if there were defects in its expression of will ; The general rule is that the act is pure and simple, the method and who is not presumed the claims must try; Any legal act is susceptible of modalities, so it 's representation in all cases where the law does not prohibit it, they can only take place through a representative, acts which the principal could have been h eld in itself . •

• • 4). OUR POSITION take position on the legal nature of an institution, has never proven to be a peaceful topic. However, we believe that the theories outlined ab ove can be accommodated, the vast majority in our legal system. Indeed, when it is a representation of a conventional nature, it is clear that the doctrinal pos ition that fits over it is the theory of modality, attended the foundation set f orth above. But the others may also fit into other scenarios. With this understa nding, the theory of fiction, is the one that best conforms to cases of legal re presentation of natural persons, an issue that is central object of this paper. Finally on this point, in the case of Article 103 of the Civil Code, that is, th e mandate to celebrate marriage, we believe that this figure fits well with the theory of the nuncio, and the president in the figure, is only one mere messenge r of the will and determined in any of the prospective marriage. 2 Legal representation of natural persons René D. Albino Navarro 5). CLASS REPRESENTATION The representation may be legal or conventional. It sha ll be lawful when it comes from the law Article 43: "They are legal representati ves of a person's father or mother, the adoptive parent and guardian or conserva tor."It will be voluntary or conventional instead, where an act to establish it as a form inside it, VGR. mandate representation. Notwithstanding the foregoing, we find a third type of representation, other than legal representation and con ventional. It would be cuasicontractual representation derived from the quasi-in formal agency (arts. 2286 et seq. CC). II). LEGAL REPRESENTATION OF NATURAL PERS ONS 1). GENERAL Article 43 of the Civil Code states that are legal representativ es of a person's father or mother, the adoptive parent and guardian or conservat or. This article is not as precise. Indeed, an essay has been correct to declare that they are legal representatives of a person's father or mother which he has custody, or if your guardian (or guardian) .2 This, because it is not parent "t o dry", the legal representative, but, as we shall see below, one who has custod y of the child. For its part, the inclusion of the adopter is also inofficious, since it now has taken on the quality and state of the parent, about their son's adopted son therefore apply the rule previously announced (art. 37 Law ° 19 620 ) 3 Finally, it applies only to natural persons, the notion of legal representat ion, since legal persons active in the life of the law through their bodies, she may appoint representatives conventional, bearing in mind that fictitious entit ies are not considered today as incapable. 2). PEOPLE NEED TO BE LEGALLY REPRESE NTED rights subjects in need of legal representation figure are the natural pers ons who fall within the categories of disability. As we know, the general rule i s that all people are able to exercise, and this ability is acquired by age 18. Is defined as the ability to exercise legal capacity to exercise the rights and incur obligations for itself, without the ministry or authorization of another p erson. This capacity is not an attribute of personalidad.4 2 Apropos, we have ignored the case of legal representation of Judge when acting on behalf of the debtor in an executive where assets are disposed forced to pay the creditor. Escape to the study object of this paper. 19 620 3 Section 37 Act : "The adoption gives the adopted child's marital status of the adoptive parents , with all the reciprocal rights and duties established by law, and extinguishes its affiliated links home for all civil purposes, except impediments to marriag e (...)". 4 The capacity is the legal capacity of a person to acquire rights and exercise them itself. Del given concept, capacity, generally of two types: the ability of purchasing and enjoyment or exercise capacity. The ability is an attr ibute of

3 Legal representation of natural persons René D. Albino Navarro In our law, unable to know two groups: those unable absolute and relative incapa city. The absolute inability, can only operate in the life of the law through th eir legal representatives, there is no alternative. Their actions do not produce even natural obligations, and do not support bond (art. 1447 inc. 2 °) 5. The p enalty in this respect is the absolute invalidity (art. 1682 inc. 2 °). In contr ast, unable to have more choices on the matter. Of course, validly act through t heir legal representatives, but also can act approved by them (scenario ex ante) , or the legal representative subsequently ratifies the act of the disabled rela tive (ex post hypothesis). Failure to comply with such requirements, creates the possibility of suing the relative invalidity of the act. However, they can act in the acts which he has held his own pocket during training, and other acts of family law, as the case of recognition of a child or testamentary acts under Art icle 262 (adult children) or marriage (over 16) under Section 5, No. 2 of Act 19 947. They are unable absolute (art. 1447 inc. 1): i). The insane. Understanding this term in its natural and obvious meaning, but not in its technical sense, p sychiatric, fitting here all the insanity hypothesis. Nor is it necessary that I previously stated in interdiction demencia.6 ii). The prepubescent. That is, wo men under 12 years and men younger than 14.7 iii). The deaf or deaf that they ca n not understand clearly. This new category was added by Law No. 19 904 dated 03 /10/2003. Formerly,€deaf people were unable absolute that they could not underst and writing. The amendment eliminates the inability of those people who are deaf or deaf, for example sign language handle. They are unable relative (art. 1447 inc. 3 °): 8 personality is the capacity of enjoyment or purchasing, and we can define it as that attribute of personality is an individual's ability to acquire rights, name ly, to hold them. So important to the subject's capacity for pleasure, which com es to be confused with the concept of personality, that is, being a person (the subject of rights) is, in fact, having capacity for enjoyment, every individual has the capacity for enjoyment. The capacity for pleasure is conceived, exercise capacity, not vice versa. By the same token, there are no general enjoyment dis abilities, because he can not imagine a person who is deprived of all individual rights. Only exceptionally, some subjects can not acquire certain specified rig hts, based on higher grounds as the national interest, security or public order. For example, Articles 964, 965 and 1601 sets out certain disabilities to succee d, that is, to acquire rights of inheritance, too, foreigners may not acquire ow nership of properties that are in neighboring areas, etc. References to articles in May without another indication, must be understood as references to the Civi l Code. 6 The absolute incapable at this point is just plain insane, not insane ban declared by dementia. Ban's statement has only evidentiary purposes, having regard to the provisions of Article 465: "The acts and contracts of the madman, after the decree of prohibition shall be null, but has allegedly been executed o r held in a lucid interval. And on the contrary, the acts and contracts executed or entered into without the prior injunction, shall be valid, unless it be prov ed that that was then executed or entered insane. 7 subdistinción within prepube rtal: infant or child, that is, those under seven years is important in capacity tort, and possessory matters (arts. 2319 inc. 1, 723 inc. 2 °). For the purpose s of the new Family Courts Act, it is called child every human being who has not attained the age of fourteen, and adolescents over 14 and not having reached 18 (art. 16 inc. Final Act 19 968). 4 Legal representation of natural persons

René D. Albino Navarro i). The adult children. That is, the ladies over 12 and under 18 and men over 14 and under 18. ii). Sinks which are under interdiction to manage his own. In thi s case of wasteful and contrary to what happened to the madman is conditio sine qua non the decree of interdiction. 3). LEGAL REPRESENTATION OF CLASS OF NATURAL PERSONS In this paper, we will approach the study of the rules on parental auth ority and the guards, attended the provisions of Article 43 and above. 4). THE C USTODY 4.1). CONCEPT AND REGULATION Parental authority is defined in Article 243 of the Code of Bello, and consists of a set of rights and obligations of the pa rent on the property of their children emancipados.9 Custody will also cover pos sible rights of the unborn. This area is governed by Title X of Book I of the Ci vil Code, Articles 243 to 273. It has five paragraphs: § 1. General Rules, § 2. The legal right to enjoyment of the child's property and its administration; § 3 . Legal representation of children, § 4. Suspension of parental authority, and § 5. Emancipation. 4.2). EXERCISE When parents live together, parental authority is exercised by the father or mother or both jointly by agreement by public deed (or certificate issued to the registrar) subinscrita within 30 days granted, re gardless of registration child's birth (Article 245 item 1). If no such agreemen t, shall be responsible for custody to the father. If parents live separately, p arental authority shall be exercised by any person having charge of the custody of the child (a) (paragraph 2, Article 245) .10 For the above reason, we must br iefly refer to the tuition. The former regime of custody of the children (now pe rsonal care), is regulated in Articles 224-228, inclusive, of Title IX of Book I of the Civil Code. These rules were amended by the Affiliation Act, 1999 No. 19 585. Recall that eliminated the relative inability of married women within marriage ( Law 18 802 of 1989). In Chile, custody refers only to "property"€being the perso nal aspect of their children's tuition reserved. In other countries this does no t happen the same way. For example, in Argentina custody is defined as the set o f duties and entitlements of parents of persons and property of children, for yo ur protection and comprehensive training, from conception and while they are min ors and have not been emancipated (art. 264 CC in Argentina). 10 However, parent al consent or judicial decision based on the interests of the child, parental ri ghts can be attributed to those who lack the tuition. September 8 5 Legal representation of natural persons René D. Albino Navarro The Civil Code to regulate this issue, distinguished by whether the parents live together or not. If they live together, Article 224 states that plays together parents (or surviving parent in case of death of one of them), personal care for the upbringing and education of their children. If parents live apart, the gene ral rule states that the mother plays the personal care of children (inc. 1 Arti cle 225). This general rule has the following exceptions: a) It shall be the fat her custody, where they have been agreed between both by public deed (or certifi cate issued to any officer of the Civil Registry), which must also subinscribirs e outside the registration child's birth within 30 days of award. This agreement may be revoked, and meets the same requirements of grant; b) If for reasons of abuse, neglect or otherwise qualified, and when so required in the best interest s of the child, the care may be entrusted to other parents incurred in these beh aviors not burdensome for him or the children. The Act also placed on the assump tion that neither parent can exercise this work, for being physically or morally unfit. In this case, may be entrusted the care of children to another competent person or persons (Article 226). When the court elected them, must always prefe

r the nearest blood relatives, and especially grandparents (ancestors). Article 227 says that in trials of tuition, always hear the children and relatives. The procedure is processing and resolution, brief summary. Enforceable decisions han ded down on the matter, outside subinscriben also register the birth. Be granted by the court's custody to one parent, or agreed to it by deed-in any case does not inhibit the right to visitas11 that has the parent who lacks custody, nor ex empt from the duty to provide food that is legally liable (Article 229). Accordi ng to the second paragraph of Article 224, the personal care of a child conceive d out of wedlock, for the spouse who knew him, and if it is not recognized by an yone, the judge will determine who is responsible for this obligation (tutor). R egarding the education of children, Article 236 states that parents have the rig ht and duty to educate their children, directing them towards their full develop ment at different stages of their life. Related to this, Article 234 states that parents have the power to correct the children, taking care that this does not impair their health or personal development. 4.3). UNDERSTAND WHAT THE CUSTODY The parent who does not have custody is not deprived by this fact right and duty of visits, which is to maintain the child (a) a direct and regular, which shall be exercised as often and freedom granted, or failing that, ordered by the judg e. Notwithstanding the foregoing, it can be suspended or restricted this right, when clearly detrimental to the welfare of the child, which must be declared by the court reasoned decision (Article 229 of the Chilean Civil Code). 11 6 Legal representation of natural persons René D. Albino Navarro As mentioned, parental authority has to do with the heritage aspects of the chil d (a), but not with their personal issues which are reserved for the tuition. Th is institution comprises three basic subinstitutos. Person having custody, has: i). legal representation of children, ii). the legal right to enjoyment of the c hild's property, 12 and iii). administration on the goods of the latter. A). LEG AL REPRESENTATION OF CHILD René Ramos P. As noted, 13 the legal representation o f children is an attribute of parental authority. The children are absolutely or relatively incompetent, depending on whether they are prepubescent or younger a dults, respectively. We noted above how they act both€in the case of prepubertal could only act effectively on the life of the law through their legal represent atives. We noted also that the child (a) less adult has capacity to enter into c ertain acts, such as acts (legal or extralegal) that are related to professional or industrial his own pocket (art. 251) 14, and certain acts of the Family Law as marriage, children recognize and test. Outside the above cases, the child mus t act represented, authorized or ratified by his legal representative, which wil l be whoever has custody. It is necessary to distinguish at this point with rega rd to extrajudicial and judicial representation of the child. a). Extrajudicial representation of the child Article 260 of the Civil Code provides that the chil d acts and contracts not authorized by the parent who has under his custody, or the associate curator, where applicable, will force only in peculio professional or industrial. But it will not take money at interest, or buy on credit (except in the ordinary course of that nest egg) without written consent from the indiv iduals mentioned. And if he does so, shall not be bound by these contracts, exce pt to the extent of benefits you reported them. If the child under adult, enter into contracts outside their own pocket professional, whether or authorized by t heir legal representative, is necessary to distinguish whether the parents (who have joint custody) are or are not married under the community property system. If there is community property system, the acts and contracts that the child hel d out with his own professional or industrial and that the father or mother who

exercises parental authority in writing authorized or ratified, or made by those representing the child, Old legal usufruct of a parent regarding the child's property. RAMOS P., Rene "F amily Law", Editorial Jurídica de Chile, Santiago, 2000, p. 441 et seq. 14 We ca n not lose sight however, Article 254 which states: "We can not sell or encumber in any case the real estate of the child, even his own money belonging to profe ssional or industrial, or their rights of inheritance, without authorization of the judge knowingly. " December 13 7 Legal representation of natural persons René D. Albino Navarro force directly to the parent in accordance with the provisions of this regime of property (art. 1740) and, alternatively, the son, to the extent of benefit that it has reported such acts or contracts (art. 261 inc. 1). If there is no commun ity property, such acts and contracts are binding only in the manner described i n the preceding paragraph, the parent who was involved. This does not preclude y ou can recover from the other parent, that the law has had to provide for the ne eds of the child (art. 261 inc. 2). As noted by René Ramos, there is no extra pe rmission of justice for refusal if the child's legal representative (such as the prohibitions to celebrate marriage.) The rationale is given that the judiciary can act only by virtue of text expreso.15 Regarding the penalty for failure to c omply with this formality ad habilitatem, as noted, Article 260 states that only require the child in his own pocket professional . If this is neither the speci al fund, the penalty shall be invalid on the instrument or contract (art. 1682). Finally on this point, it is necessary we refer briefly to the contracts betwee n parents and children subject to parental authority. Section 1796 prohibits the sale between them (and the swap by application of Article 1900), the penalty is the absolute invalidity (art. 10 and 1682). However, in respect of other acts a nd contracts there is no express prohibition of what could be concluded that con tract, provided that this does not lead to a conflict of interest, which were pr ohibited by the principle of the prohibition of illicit enrichment or unfair. b) . A child's legal representation of this subject, referred to in Articles 263 et seq. i). Trials between legal representative and child (art. 263) provided that the child actor have to litigate against the father or mother who exercises par ental authority, it will be necessary to obtain the permission of the judge and he, in granting him a guardian will to the litigation. The parent who, having cu stody, pleaded with the child, whether as plaintiff or defendant, will provide t he expense for the trial (for the litigation expense), which incidentally regula te the court, taking into account the amount and importance of the discussions a nd the financial capacity of the parties. ii). Trials where the child is actor ( art. 264) A child may not appear in court, as an actor, against a third party€bu t authorized or performed by the father or mother who exercises parental authori ty, or both, if the exercise together. If the father, mother or both deny their consent for the child to want to try a civil action against a third party, or if you are disabled for that service, the judge may supplement it, and in doing so give the child a guardian for the litigation. iii). Trials where the child is s ued civilly (art. 265) 15 Ob. cit., the author cites a Somarriva and Rossel, P. 443. 8 Legal representation of natural persons

René D. Albino Navarro In civil proceedings against the child actor must go to the parent who has custo dy, to authorize or represent the child in the litigation. If both exercise pare ntal authority together, simply that is directed against one of them. If the par ent is unwilling or unable to give their consent or representation, the judge ma y supplement it, and give the child a guardian for the litigation. iv). Criminal proceedings against the child (art. 266) need not be paternal or maternal inter vention to proceed criminally against the son, but the parent who has custody wi ll be required to provide whatever assistance it needs for its defense. B). LEGA L RIGHT OF ENJOYMENT a). Concept Article 250 provides that custody confers the l egal right to enjoy all the assets of the child. The legal definition of this in stitution, delivering the first paragraph of Article 252, which states: "The leg al right of enjoyment is a very personal right which is the ability to use the c hild's property and collect their fruit, responsible for maintaining the form an d substance of such property and return them if they are not expendable, or retu rning from the same quantity and quality of the same gender, or pay its value if they are expendable. "16 19 585 The law changed the nomenclature, once this iss ue referred to a legal usufruct of the holder of parental authority. The change is justified, since we are not in the presence of a real right, because it gives no right of hot pursuit (essence of property rights) against third party purcha sers of the child's property, moreover, does not require bond or formal inventor y of property as Article 775. Notwithstanding the foregoing, and to not confuse those legal operators still call legal usufruct, the legislature expressed in th e final paragraph of Article 252 that the legal right to enjoy the denomination also receives legal usufruct of a parent on child's property. As appropriate to its nature, is governed by the rules of a supplementary real right of usufruct ( Title IX of Book II). b). Property which includes the legal right to enjoyment S ubject to Article 250 states that the legal right to enjoyment includes "all" th e child's property, the same rule except the following items: i). Obtained from the exercise of employment, profession, trade or industry (professional peculio) , ii). The acquired free of charge provided that the donor or testator has provi ded, that the person exercising parental authority has no enjoyment or administr ation of the same goods; as a condition of emancipation, or specifically, that t he enjoyment I have the successor in title; 16 Could say that this law is the legal remuneration who exercises parental authori ty. 9 Legal representation of natural persons René D. Albino Navarro iii). Inheritances and legacies which have passed the child disability, indignit y or disinheritance of which he has custody, and iv). 50% of the products of the mining of the child. b). Characteristics of the legal right to enjoy As stated in Article 252, this is a very personal right, which makes it unmarketable trans ferable and, subject to suffer from illegal sale and transfer (arts. 1810, 1464 No. 2). It is also unattachable (art. 2466 inc. Final). No forced to give up or bail or bond, or faction of a formal inventory. The parent is not liable, becaus e of their legal right to enjoyment, to pay bail or bond conservation or restitu tion, or to make a formal inventory, subject to the provisions of Article 124.17 But if you do not inventory solemn must bear a circumstantial description of th e goods from entering to enjoy them (art. 252 inc. 2). When the legal right to e njoy the married mother appropriate within marriage shall be considered separate property partly for exercise and what it gets. This separation is governed by t

he provisions of article 150 (art. 252 inc. 3rd). If parental authority is exerc ised jointly by both parents and no other distribution has been agreed, the lega l right to enjoyment is divided among them in equal shares (art. 252 inc. 4). C) .€ADMINISTRATION OF THE ASSETS OF CHILD a). Assets to be given regard to the ite ms of the professional or industrial peculio the child (a) an adult child, his a dministration is for him as if he is of age. Article 251 states that the child w ill look as an adult for the administration and enjoyment out of his own profess ional or industry, without prejudice to Article 254. The latter states that may not sell or encumber in any case the real estate of the child, even his own mone y belonging to professional or industrial, or their rights of inheritance, witho ut authorization of the judge knowingly. As for the other child's property, cove red by Article 253 which states: "He who exercises his legal right to enjoy the property of the child will have his administration, and he who is deprived of th at party is deprived of that also. If the father or mother who has custody can n ot exercise on one or more property of the child the legal right to enjoyment, i t will go to another and if both were disabled, full ownership will belong to th e child and a guardian will for the administration. " 17 This standard applies to certain special for marriage bans on the remarriage. Se ction 124 provides: "The precedent that marriage having children in their custod y or under the guardianship or conservatorship, wishes to remarry, should procee d to a formal inventory of property that is managed and owned by them as heirs o f the spouse deceased or any other title. For the preparation of this inventory will give these children a special guardian. "For its part, Article 127 provides :" The widow or widower whose negligence has ceased to be the inventory in a tim ely manner prescribed in Article 124, lose the right to succeed as intestate hei r or the heir to the son whose property has been given. " 10 Legal representation of natural persons René D. Albino Navarro Return later to the notion of administration, and what comprises it (repair, mai ntenance and cultivation), when we on the guards. b). Business schools has been said, that the administrative powers of the holder of parental authority are bro ad, however, has the following limitations: i). For now, that set out in section 254 just quoted, for the alienation or encumbrance of property of the child, al though belonging to his own pocket professional. Only be carried out prior judic ial authorization knowingly. Punishment, on invalidity. ii). Contained in Articl e 255. You may not donate any part of the child's property, nor give them on lea se for a long time, or accept or reject a legacy deferred to the child, but in t he way and with the limitations imposed on guardians and conservators. This stan dard requires us to relate to articles 402, 407 and 397. - Donations of real est ate: not fit in any respect, even with judicial authorization. His penalty, null ity absolute illegality of the object, whether a prohibitory rule breach (art. 4 02 inc. 1). - Donations of personal property: with prior court decree donations may be made in cash or other property of the ward, and not authorize the court b ut for serious cause, such as blood relative to help a needy, to contribute to a welfare, or other similar, and provided that they are proportionate to the powe rs of the ward, and that they do not suffer a significant impairment productive capital (art. 402 inc. 2). Their punishment will be the relative nullity, bearin g in mind that enabling a formality would be an omission, established in respons e to the state party. Regarding petty expenses, applies the final paragraph of A rticle 402, which provides that the cost of little value to objects of charity, or lawful recreation, are not subject to the previous ban. - Leases: who has the custody, may not result in urban real estate lease for more than five years nor more than 8 if rustic, or for a longer time than the remainder of the child acq

uires most age (art. 407). Punishment: unenforceability. - Repudiation and accep tance of an inheritance which he has custody, inheritance can not repudiate any deferred to the child without court decree knowingly, or accept it without benef it of inventory (art. 397). iii). Contained in Article 1322, Partition. requires judicial authorization to cause the partition of estates or real estate with an interest in the child. c). Administrator Responsibility The parent is responsib le in managing the child's property, even a slight fault.€The responsibility for the child extends to the property and 11 Legal representation of natural persons René D. Albino Navarro fruits, in those goods in which the child has the administration, but not the en joyment, and is limited to the property when it exercises power over both goods (art. 256) .18 Although there is no accountability as such, as with the leaders, at the end of parental rights, parents bring their children to the attention of the administration who have been on their property. d). Fighting Ends administr ation administration: Emancipation; suspension of parental authority (art. 267 i nc. 2) judgments, in case of willful misconduct or gross negligence standard. Th is should be placed outside the child's birth registration. 4.4). SUSPENSION OF CUSTODY Parental authority is suspended for the dementia of a parent who exercise for their young age, being challenged to manage their own assets, and its long absence or disability, of which further serious harm in the interests of the child, the absent parent does not provide or prevented. In the se cases the exercise of parental rights the other parent, who was suspended on the same grounds. Is suspended for both the child shall be subject to placement (art. 267). The suspension of parental rights must be decreed by the judge knowi ngly, and after hearing about it the relatives of the child and the child advoca te, except in the case of the younger age of the father or mother, case which th e suspension will be void. The judge, in the interest of the child, may order th e parent to regain custody when there are the circumstances which led to suspens ion. The decision to enact or rescind the suspension shall subinscribirse outsid e the child's birth registration (art. 268). 4.5). EMANCIPATION The fact that it is terminating parental rights, the emancipation of children. Emancipation may be legal or judicial proceedings (Article 269 et seq.) The grounds for legal and judicial emancipation are listed exhaustively in the Act, Articles 270 and 271 of the Civil Code, respectively. Be grounds for legal emancipation: the death of a parent (unless the other to survive and are entitled to exercise), the decree of temporary possession of property of the father or mother disappeared, render ed in the trial for a declaration of death on disappearance (unless the other wi ll be vested), the marriage of the child and the age of the child. The grounds f or judicial emancipation, in turn, are habitual abuse (unless the other parent t o exercise appropriate), abandonment (unless the appropriate exercise 18 Article 2481 No. 4, gives the child custody subject to a preferential claim, 4th class, "for their property that may be administered by the parent, on their assets." 12 Legal representation of natural persons René D. Albino Navarro other parent); ruling ordering the father or mother to a crime meriting corporal punishment (more than three years and one day), unless the judge finds that the re is no risk for the child considering the nature of the crime, or not correspo

nds to another exercise, and physical or mental disability of a parent (if not f or the other exercise). All emancipation, once made, is irrevocable. Exceptions to this rule is the emancipation alleged death or by court order based on moral inability of the parent, they may be annulled by the court at the request of the respective parent, is proven conclusively the existence or disability has cease d, as appropriate, and also established that the recovery of parental rights is in the interest of the child. The court decision resulting in the revocation tak es effect only since subinscriba outside the child's birth registration. The rev ocation of emancipation shall at once (art. 272). The younger son is emancipated is subject to guardianship (Article 273). 5). GUARDS 5.1). CONCEPT AND REGULATI ON Guards is a generic term that encompasses the care and guardianship. Etymolog ically speaking, the voice guidance comes from the Latin nuts: defend, protect a nd Curatio wardship, watch out. Its regulation is in Title XIX of the Civil Code , Articles 338 et seq. The conservatorships or guardianships and Conservatorship s are charges imposed upon certain persons for those who can not go to competent ly manage themselves or their businesses, which are not under authority of a par ent, you can give them proper protection.€People who exercise these charges are called guardians or curators and keepers generally (art. 338). Individuals subje ct to guardianship or conservatorship are called wards (art. 346). 5.2). Differe nces between guardianship and CURADURÍAS19 Guardianships are given only to the p repubertal (art. 341); the Conservatorships the rest of the incompetent, and eve n without holder wealth, as in the case of vacant inheritance. The Conservatorsh ips generally relate only to goods. The protection of the person and property of the ward. Guardianship does not support classification because there is only th e prepubescent. As we shall see later, it Conservatorships. The incapable can pr opose to your guardian, but not his guardian. 5.3). Common characteristics are r equired fees; 19 RAMOS ob. cit., p. 524 and 525. 13 Legal representation of natural persons René D. Albino Navarro Are awarded to those who are not under parental authority, or it is suspended. W hat does not preclude the existence of a conservatorship attached in parallel wi th parental authority; The keepers generally are individuals. Exceptionally Bank s may be keepers, 20 and natural or legal persons who are registered on the Nati onal Register of Discapacidad.21 5.4). RANKINGS The guards are care and guardianship. Conservatorships, as we are given to prepubertal and understand their person and property. The Conservators hips can be: general, real, annexed and special. Conservatorships general: they are extended to both the person and property of the ward (art. 340). Under Artic le 342, are subject to general curator: Young adults manage injunctions sinks hi s own: the insane injunctions, and the deaf or hearing impaired who can not make themselves clearly understood. Conservatorships of goods: those that do not meet the person, but only to goods. According to Article 343, are called guardians of goods which are the property of the absent, the vacant inheritance, and possible rights of the unborn. Conser vatorships attached: according to Article 344, are called the deputy curators gi

ven in certain cases to persons who are under the authority of father or mother, or under guardianship or conservatorship general, to exercise a separate admini stration. General Banking Law art. 86 N º 4. Art. 18a. Law No. 18 600, as amended by Law N o. 19 735, provides: "The natural or legal persons who are registered on the Nat ional Register of Disability and are responsible for mentally disabled people, w hatever their age, will be curators interim of their assets, by operation of law only, provided that the following requirements: 1). Who are under his constant care. It is understood that that condition is fulfilled: a) when there is food d ependence, economic and educational, day and night, and b) such dependence is pa rtial, that is, by day, provided it took place on a continuous and uninterrupted for two years at least, 2) Lacking guardian or are not subject to parental auth ority, 3) The natural person called to serve as temporary guardian or, where app ropriate, the legal representatives of the legal person, are not affected by any of the disabilities to exercise guardianship or conservatorship established by paragraph 1 of Title XXX of the First Book of the Civil Code. If the circumstanc es mentioned in the preceding paragraph are stated in the National Register of D isability, suffice to establish the temporary guardianship to third parties the certificate issued by the Civil Registry and Identification. The provisional cur atorship last as long as they remain under the jurisdiction and care of people e nrolled in the registry and are not mentioned conservator appointed in accordanc e with Civil Code rules. To exercise this guardianship is not necessary discernm ent, or to pay bail, or do inventory. These curators enjoy privilege of poverty in the judicial and extrajudicial actions undertaken in connection with this gua rdianship and will not receive any remuneration for their management. Civil Code provisions on the rights and obligations of the curators shall apply in all tha t is compatible with the curator in this article states. " 21 20 14 Legal representation of natural persons René D. Albino Navarro Special Conservatorships: are given to private businesses, such as a guardian ad litem (arts. 345, 154, 124). Moreover, according to its origin, the guards allo wed the classification: wills, legitimate and dative (art. 353). Save Probate: i s one that is constituted by a testamentary act. Save legitimate: it is that whi ch the law gives to relatives or spouse of the ward.€Save dative: is conferred b y the judge. 15