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id: guardianship
title: "Guardianship"
scopeid: essifLab
type: concept
typeid: guardianship
stage: draft
hoverText: "Guardianship (of a one Party over an Entity in a Jurisdiction): the rights and duties of that Party, defined and enforced in that Jurisdiction, for the purpose of caring for and/or protecting/guarding/defending that Entity."

:::info Editor's Note
TNO to revise all below texts.

### Short Description
**Guardianship** is a relationship between a %%party|party%% (which we call the %%Guardian|guardian%%) and an %%entity|entity%% (which we call the %%Dependent|dependent%%) in which the %%guardian|guardian%% 

in which one of these %%entities|entity%% (called the %%owner|owner%%) is entitled to enjoy, dispose of, and control the other %%entity|entity%% in an pretty much absolute (sovereign) fashion. Any guardianship relationship is grounded in ((the rules of) the %%legal system|legal-system%% of) a specific %%jurisdiction|jurisdiction%%, that maintains and enforces these rules, and that has means to resolve any disputes arising from that. To do this, both %%entities|entity%% must be %%legal entities|legal-entity%% in that %%jurisdiction|jurisdiction%%.

We may use the phrase %%natural guardianship%% to refer to an guardianship relation that exists in the %%jurisdiction|jurisdiction%% 'Nature' (see the notes of %%jurisdiction|jurisdiction%%). This enables us to talk about things as 'the (natural) guardianship of an %%assertion|assertion%%'.

### Purpose
**Guardianship** is a means by which %%jurisdictions|jurisdiction%% provide assurances to %%parties|party%% (within its scope) that they can enjoy, dispose of and control in pretty much any way they like. The %%legal system|legal-system%% of the %%jurisdiction|jurisdiction%% specifies these rights, and provides ways in which the %%owner|owner%% can exercize them (that provides the assurance).

### Criteria
An **guardianship** is a relationship between two %%legal entities|legal-entity%% (called the %%owner|owner%% and the %%owned|owned%%) within a single %%jurisdiction|jurisdiction%%, whose %%legal system|legal-system%% defines and enforces (a) rules that recognize the power of the %%owner|owner%% to enjoy, dispose of and control the %%owned|owned%% in an absolute (sovereign) fashion, and (b) rules that limit the absoluteness of that power.

### Related Concepts
- %%Owner|owner%%
- %%Owned|owned%%

### Notes
- Owning something does not imply posessing it (and vice versa). For example, if you find a coin that doesn't belong to you, you possess it but do not own it. Also, its rightful owner obviously owns it, but doesn't possess it at that point in time.

### Background
The %%Guardianship pattern|pattern-guardianship%% provides an overview of how this concept fits in with related concepts.