Guardian as a public guardianship organ and legal liability of the guardian

The guardianship institution, which is regulated in the third part of the Family Law book of the Turkish Civil Code No. 4721, in essence appears as a legal substitute for the institution of custody, which was established by law. The guardianship institution, which aims to protect minors who are deprived of the power to protect their personal and economic interests and who are not under custody, and those who are adults but in need of protection who cannot be taken under custody, fulfills its duty of protection through certain organs. In this study, besides the evaluations on the guardianship institution and the principles that dominate the guardianship law in general, explanations about guardian, who is the essential organ of the guardianship institution, and the duties of the guardian are included. In this context, besides the duties of the guardian, which are regulated in detail in the Turkish Civil Code, the legal responsibility of the guardian due to the aforementioned duties has been tried to be examined. In addition, evaluations on the legal responsibility of the state are also included, since it was created by the legislator and in this respect, it is a public law institution. In practice, due to the consanguinity and similar organic ties between the guardian and the person placed under guardianship, the legal responsibility of the guardian is not effectively implemented. However, the responsibility of the state appears as the most effective type of responsibility in the context of guardianship law. In this way, in the conclusion part of the study, suggestions are also included to make the guardianship institution an effective functionality as envisaged in the Turkish Civil Code.