Violation of Constitutional Rights Due to Non-Compliance of Obligations in the Special Curatorship

Abstract

This study originates from the non-compliance with the obligations of special curators towards their represented individuals. The appointment of a curator for future marriages is of significant importance because their designation serves to ensure that the rights of minors or incapacitated individuals, including their assets if they have any, are represented at the time of marriage. With regard to the problem, the primary objective is to request that the judicial authorities carry out monthly monitoring to ensure the proper fulfillment of the responsibilities of special curators, thus effectively safeguarding the rights of minors or incapacitated individuals. The methodology used is a mixed approach, combining qualitative and quantitative methods, which will help obtain statistics and analyze the factors behind this non-compliance. This will lead to proper action regarding the obligations within the appointment of special curatorship to ensure the rights of minors are not violated. Therefore, this study will investigate, from a legal and doctrinal perspective, special curatorship for future marriages, the procedure, and execution, and examine why fulfilling the responsibilities and obligations of the special curator is crucial.