dative tutorship. Civil law. Tutorship that arises from a court’s appointment, usu. on the advice of the family.
— Also termed dative curatorship; tutorship by judicial appointment.
legal tutorship. Civil law. Tutorship that is bestowed by statute and does not require a court’s or family’s approval. • For example, a spouse has the legal tutorship of the incompetent spouse.
— Also termed tutorship by the effect of the law.
tutorship by judicial appointment. Civil law. See dative tutorship.
tutorship by nature.
1. Tutorship of a minor child that belongs by right to a surviving parent.
2. Tutorship of a minor child that belongs to the parent under whose care the child has been placed following divorce or judicial separation. • If the parents are awarded joint custody, both have cotutorship and equal authority, privileges, and responsibilities. La. Civ. Code art. 250. [Cases: Child Custody
1. C.J.S. Parent and Child §§ 55, 58–59.]
tutorship by the effect of the law. Civil law. See legal tutorship.
tutorship by will. Tutorship that is created (1) by the will of the parent who dies last, or (2) by any declaration of the surviving father or mother (or the parent who is the curator of the other spouse), executed before a notary and two witnesses. La. Civ. Code art. 257.
