Is there an alternative to guardianship as a legislative approach to the incapacity to act of individuals? Cover Image
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Има ли алтернатива запрещението като законодателен подход към недееспособността на физическите лица?
Is there an alternative to guardianship as a legislative approach to the incapacity to act of individuals?

Author(s): Stoyan Stavru
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: disability; right; alternative; individuals; people with disabilities; interest; will

Summary/Abstract: The article presents some of the ideas that are dealt with in detail in the book "Incapacity to act of natural persons. Contemporary challenges", published in English and in Bulgarian in 2016 in the context of the discussions on the reform in personal law and in particular of the legal framework of guardianship and incapacity to act. The text focuses on the link between disability and identity, as well as on the possible tools for ensuring respect of the authentic will of people with disabilities, including protection measures, support meas-ures, lasting power of attorney, obstruction measures. Ulysses agreements, negotiating inability/incapacity (to act) and other forms of privatization of the incapacity to act.

  • Issue Year: LVIII/2017
  • Issue No: 2
  • Page Range: 28-50
  • Page Count: 23
  • Language: Bulgarian