Tutelage according to the Josephine code of 1787

The article is devoted to highlighting the provisions of the fifth chapter "On the rights of orphans and other persons unable to manage their own affairs" (i.e., on tutelage) of the first part "On personal law" of the Josephine Code of 1787, which regulated marital and family relations in the Habsburg monarchy. First of all, the author revealed the prerequisites for concluding the Josephine Code and the peculiarities of the codification works, and characterized its structure. The main focus of the article is on the regulation of the legal institution of tutelage by the Josephine Code. Therefore, the author researched in detail the grounds, conditions, procedure and legal consequences of the appointment of tutelage. The 2 types of tutelage: over a person (a personal trustee of an orphan child) and over his property (the so-called curator, manager of the property) are distinguished. The procedure for appointment of tutelage by testament, by law, and by court decision, determined by the Code, has been considered. The scope of the tutelage of the mother, grandmother and great-grandmother has been clarified, and a list of persons unsuitable for tutorship has also been submitted. The procedure for accepting tutorship is highlighted and the grounds and conditions for the trustee's refusal of tutelage are outlined. The article analyzes the responsibilities of trustees regarding the upbringing of orphans and their authority to manage property. At the same time, the author paid more detailed attention to the consideration of the procedure, conditions and legal consequences of property management by the trustee, including he defined the features of the management of family property and property in different provinces. The procedure for the inventory and annual accounting of orphan property, established by the Code, has been disclosed. The property rights of orphans are established, as well as the procedure for resolving the conflict of interests between the trustee and the cared person is presented. The grounds and conditions for payment of remuneration to the trustee have been considered. The grounds, procedure and legal consequences of termination of tutorship are described. The article also presents the provisions of the Code on the responsibility of tutelage and care institution. And in addition, the norms on the tutelage of an incapacitated person and the ownerless property were analyzed. In conclusion, the author substantiates the historical and legal significance of the Josephine Code.

Josephine Code of 1787, tutelage, property management, codification of Austrian civil law, family law of the Habsburg Monarchy