Questione giuridica chiave
Whether a guardian who challenges his election must be placed in the role of appellant, or whether the guardianship authority must submit the matter to the supervisory authority ex officio.
Decisione estratta
If the guardianship authority rejects the challenge, it must submit the matter itself to the supervisory authority for decision; the guardian is not to be forced into the role of complainant.
Motivazione estratta
Under Art. 388 ZGB, an elected guardian may declare refusal within ten days. If the guardianship authority does not accept the refusal or challenge as justified, it must forward the matter together with its report to the supervisory authority. The procedure used here was therefore incorrect.