Protecția persoanelor fizice cu tulburări psihice prin mijloace de drept privat
The protection of individuals with mental disorders by means of private law
Author(s): Carmen Tamara UngureanuSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Summary/Abstract: The protection of persons who suffer from mental disorders is achieved through judicial interdiction, when legal conditions are complied, or through hospitalization and treatment, voluntarily or not, in a mental institution, as the Law no. 487/2002 on mental health and the protection of persons with mental disorders (modified and completed by the Law no. 129/2012) provides. When an involuntary hospitalization takes place, a distinction has to be made between the private law action and the public (criminal) law action, the last one having as a goal, primarily, the society protection, and only, subsidiary, the protection of persons with mental disorders. Involuntary hospitalization, because of depriving of personal freedom, imposes the respect of the Human Rights Convention.
Journal: Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice
- Issue Year: LIX/2013
- Issue No: 1
- Page Range: 5-18
- Page Count: 14
- Language: Romanian