The principle of nationality applies-in the same way as to so many other questions-also to the question whether a person can be placed under guardianship. From the same principle it follows that a guardian appointed by a foreign Court or authority is recognised as such in Germany and possesses there the same powers as are granted to him by the law of his ward's nationality. There are, however, two cases in which by way of an exception from the nationality principle German Courts are given power to appoint a guardian for a foreign ward:
(a) If the person to be placed under guardianship requires care in accordance with his or her own lex patriae and if such care is not granted to him by his own state and if the person habitually or actually resides in Germany and if there is an actual need for such a guardianship, see article 23 EGBGB.
(b) If the foreigner has already been interdicted in Germany. That this is possible in Germany is expressly provided for in article 8, EGBGB, on which see section VIII, para. 42 above.
(c) As long as the foreign country has not appointed a guardian, the German authorities can make interim arrangements, see article 23 (2).
The above rules apply correspondingly to...
SECTION XV - Guardian And Ward
|Author:||E. J. Cohn|
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