Punere sub interdicție. Competență teritorială absolută. Domiciliul persoanei a cărei punere sub interdicție este solicitată. Persoană internată pe o durată nedeterminată într-o unitate sanitară sau într-un centru de îngrijire
Restriction of legal capacity. Absolute territorial competence. The domicile of the person whose restriction of legal capacity is requested. Person admitted for an indefinite period in a health facility or in a care center

Summary/Abstract: The competence to complete a request for the restriction of legal capacity of an individual belong only to the family court with jurisdiction where the person has his/her domicile. Since it concerns the capacity of the individual, this territorial competence is absolute. The notion of domicile is related to the intention manifested by a person to establish his or her main residence in a certain place. The address in relation to which there is a legal presumption that the person, whose restriction of legal capacities was requested, manifested his or her intention to establish as domicile is the one mentioned in the identity document, a place where he/she actually lived until the admission to a health facility. The address of the hospital in which the defendant is admitted cannot be assimilated to the notion of domicile referred to in art. 936 of the Code of civil procedure, as long as his/her intention to establish his/her domicile at the hospital unit where he/she is admitted was not proven under art. 89 of the Civil Code. Therefore, any address to which a person is found for a longer period of time or even indefinitely, due to circumstances beyond his/her will and consent, cannot be considered as his/her home address, especially since his/her hospitalization in the special center due to mental illness is a protective measure that can cease.

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