Art. 4205 Vacancy in tutorship, duty of undertutor

If a tutor's position becomes vacant (for example, the tutor dies, resigns, or is removed), the undertutor does not automatically take over as the new tutor. The job doesn't just pass to them.

Instead, the undertutor has a job to do: they must go to court and ask the judge to appoint a new tutor. This keeps the process official and makes sure the court picks someone qualified to take on the role, rather than letting the position transfer by default.

This rule protects the person under tutorship (usually a minor or someone who needs a legal guardian) by making sure there's always a proper, court-approved person handling their affairs. It also gives the undertutor a clear responsibility to act quickly when a vacancy happens, instead of leaving things unclear or unmanaged.