Despre reformarea regimului juridic privind ocrotirea persoanei fizice ca urmare a Deciziei Curţii Constituţionale nr. 601/2020
The Reform of the Legal Framework Regarding the Protection of the Natural Person as a Result of the Decision of the Constitutional Court No. 601/2020

Summary/Abstract: The reconsideration of the legal framework of the measure of placing under judicial interdiction a natural person, as a measure of protection of the person, ordered by the court, is necessarily required as a result of decision no. 601/16.07.2020 of the Constitutional Court of Romania regarding the constitutional challenge of art. 164 (1) of Romanian Civil Code concerning the legal provisions under which such a measure may be ordered by the court, respectively those regarding the lack of discernment of the natural person, likely to determine the impossibility of self management of one's own interests, as a result of mental weakness or alienation. Thus, in order to reveal the proposed amendments to the legal framework of the institution of judicial interdiction and how they integrate the recommendations of the Constitutional Court, we will proceed to a presentation of the Constitutional Court decision no. 601/2020, the context that generated the submission of the constitutional challenge and the legislative reform proposed through the Draft Law for amending and supplementing Law no. 287/2009 on the Civil Code, Law no.134/2010 on the Code of Civil Procedure.

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