Incapacitation of a Senior. Limitation or Aid? Cover Image

Ubezwłasnowolnienie seniora. Ograniczenie czy pomoc?
Incapacitation of a Senior. Limitation or Aid?

Author(s): Marcin Kołodziej
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: care over seniors; total incapacitation; partial incapacitation; Polish legal system; effects of incapacitation

Summary/Abstract: An institution of incapacitation possessing a huge meaning from the legal, social and family point of view, raises numerous controversies. Some authors think consider whether it should exist due to the limitation of an ability to legal activities of the person to whom it refers. On the other hand whereas – from the perspective of the persons taking care for the seniors – it seems to be extremely helpful. Although there are new proposals which could replace the incapacitation, they remain so far on the level of postulates. Therefore, this study constitutes the presentation, first of all, and additionally an assessment of the institution of incapacitation in the Polish legal system. So as to it could fulfill its subjective task and at the same time exclude all abuses in using thereof, it is necessary to preserve proper law provisions which will assure subjective treating the person and protection of their interests.

  • Issue Year: 11/2022
  • Issue No: 1
  • Page Range: 27-47
  • Page Count: 21
  • Language: Polish
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