荷兰民法典第一卷未成年人监护.pdf

NATIONAL LEGISLATION: THE NETHERLANDS This translation has been reproduced with the kind permission of Ian Curry-Sumner and Hans Warendorf. for further translations of Book 1, Dutch Civil code refer to I. Sumner and H. Warendorf, Family law legislation of the Netherlands, Antwerp: Intersentia, 2005, Volume 5: EFL Series. TITLE 14 CUSTODY OVER MINOR CHILDREN Section 1 General Article 245 1. Minors shall be subject to custody. 2. Custody includes parental authority as well as guardianship. 3. Parental authority is exercised by the parents jointly or by one parent. Guardianship is exercised by a person other than a parent. 4. Custody relates to the person of a minor, the administration of his or her estate and his or her representation in civil acts, both judicially and extra-judicially. 5. Parental authority of a parent who exercises this pursuant to Article 253sa or, pursuant to a judicial decision in accordance with Article 253t, jointly with a person other than a parent is considered to exercise joint parental authority unless the contrary follows from a statutory provision. Article 246 Minors over whom a guardian has been appointed and persons whose mental capacity is disturbed to such extent that they find themselves in a position where they are unable to exercise custody, do not have capacity to exercise custody unless such disturbance is of a temporary nature. Article 246a Repealed Article 247 1. Parental authority comprises the duty and the right of the parent to care for and raise his or her minor child. 2. Care and upbringing include the care and responsibility for the mental and corporal well being of the child and fostering the d