Abstract

Due representation in civil proceedings of an absentee whose whereabouts are unknown constitutes a key aspect for the guarantee of that person’s rights. It is also vital for the validity of the proceedings. At the same time it should not constitute a factor impeding the consideration of cases, especially those requiring urgency. Looking for a rational compromise between guaranteed values and the economy of proceedings is, therefore, seen in the proper delineation of the scope of competence of a curatorabsentis and an efficient though relatively simple procedure for appointment, control of performance and dismissal of curators. The former are reflected in the provisions of Section III of the Family and Guardianship Code, while the latter are laid down in Art. 143–144 of the Code of Civil Procedure. They should be used comprehensively. Reducing curatorship exclusively to the rank of a procedural instrument and depriving it of its material basis makes it defective and unable to attain the goals it has been set to attain.