Shortcomings of the new regulation on restriction of legal capacity and reviewing of the scope of the legal capacity Cover Image

Rīcībspējas ierobežojuma un rīcībspējas ierobežojuma apjoma pārskatīšanas jaunā regulējuma trūkumi
Shortcomings of the new regulation on restriction of legal capacity and reviewing of the scope of the legal capacity

Author(s): Marite Matisa
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Baltijas Starptautiskā akadēmija
Keywords: capacity;trusteeship;Convention on the Rights of Persons with Disabilities;The Civil Law;Civil Procedure Law;Law On Orphan's Courts;

Summary/Abstract: The relevance of the topic of the research in civil law is linked to the fact that the new capacity limitation framework introduced on January 1, 2013 does not meet all internationally established criteria. The purpose of the study is to look into the problematic issues of regulation of legal capacity and reviewing the scope of legal capacity limitations in Latvia based on the norms of laws, expert opinions and judicial practice. The author has studies the issues related to the legal regulation of restrictions on legal capacity and trusteeship in Latvia. The article presents the author’s opinion regarding the problems arising from the limitation of legal capacity, and suggests possible solutions. In carrying out the research the author used a monographic, teleological, systemic and logical research method, comparison, analysis and synthesis.The researcher uses trusteeship and capacity limitation in Latvia regulatory enactments, research articles of this area, expert opinions, case law, publications, Internet resources, statistical data, as well as the author’s personal work experience.

  • Issue Year: 54/2019
  • Issue No: 3+4
  • Page Range: 59-70
  • Page Count: 12
  • Language: Latvian