Cele i funkcje ubezwłasnowolnienia w prawie polskim
Purposes and functions of legal incapacitation in the Polish law

Summary/Abstract: This article attempts to analyze the purposes and functions of incapacitation in Polish law. After indicating how the theory of law interprets the purposes and functions of legal institutions, it briefly describes the functioning of similar institutions in antiquity and on Polish lands after World War II. The thesis of this study is based on the assumption that both the purpose and function of legal incapacitation in the Polish Civil Code is to protect the interests of the incapacitated person’s family, both in terms of their property and in terms of their treatment, including psychiatric treatment. Accordingly, it was decided that a person whom the request for incapacitation concerns cannot submit file a request for incapacitation themselves. Finally, doubts were expressed as to the attempts to objectively recognize the well-being of an incapacitated person for the purposes of the proceedings.

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