Contribuţii la studiul unor dispoziţii din Codul civil referitoare la căsătorie şi raporturile patrimoniale dintre soţi modificate sau completate de Legea nr. 140/2022 privind unele măsuri de ocrotire
Contributions to the study of some provisions of the Civil Code on marriage and property relations between spouses amended or supplemented by Law no. 140/2022 on some protection measures

Summary/Abstract: Law no. 140/2022, marking a radical paradigm shift and constituting a significant legislative intervention in the field of protective measures under civil law that individuals with intellectual or psychosocial disabilities may benefit from, brings numerous new elements also concerning their family relationships. The proposed study is dedicated to analyzing the new regulations regarding the annulability of marriage for temporarily incapacitated individuals, the prohibition of divorce by mutual consent through administrative means or notarial procedure in cases where one or both parties benefit from legal counseling or special guardianship, the conditions under which the beneficiary of one of these protective measures can enter into or modify a matrimonial agreement, as well as the empowerment of the guardian and family council to request separation of assets when separation is in the best interest of the protected individual. Some of the regulations under analysis are debatable from a logical-legal standpoint, which is why we have outlined possible future normative remedies.

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