Study On The Civil Liability Of Guardians For Damage Caused To Minors

The types of guardians include parents,grandparents,brothers,sisters,etc.,who have maintenance/support obligations,as well as non-parental guardians such as other close relatives,other natural persons not related to the minor by blood,social organizations,etc.When examining the issue of liability for damage caused by minors,if only the interests of the victim were taken into account and the balance of the distribution of responsibility between the guardian and the minor was ignored,and the guardian was required to assume responsibility for damage caused by the minor in its entirety in the form of vicarious liability,the non-parental guardian may refuse to act as guardian or unduly restrict the personality and freedom of movement of the minor because of the excessive pressure of guardianship.This would result in millions of minors in non-parental custody being denied substantial and effective custody.Therefore,this paper examines the basis for the liability of the two categories of guardians on the premise of distinguishing between parental and non-parental guardians.It also examines the different forms of guardianship responsibilities of the two categories of guardians in cases where the elements of "guardianship" and "tort liability of the minor" intersect.