Instituirea consilierii judiciare sau a tutelei speciale. Aspecte procesuale
Establishment of legal advice or special guardianship. Procedural aspects

Summary/Abstract: This article analyses the new procedural provisions of Articles 936 943 of the Code of Civil Procedure, introduced by Article 8, paragraph 24 33 of Law no. 140/2002, by means of which the considerations of Constitutional Court Decision no. 601/2002 have been transposed in general terms, guaranteeing the right to liberty of the person whose protection is sought by establishing the competence of the guardianship court in taking the provisional measure of internment, as well as equality in rights by regulating procedures marked by the right to defence, the procedural presence of the prosecutor and their gradualness. The legislator was also concerned about the interest of third parties in being informed of the restriction of the capacity of the person placed under protective measures by regulating special procedures for notifying certain public authorities of final decisions ordering, extending or lifting them.

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