Total incapacitation in comparison with European solutions Cover Image

Ubezwłasnowolnienie całkowite na tle rozwiązań europejskich
Total incapacitation in comparison with European solutions

Author(s): Jolanta Drobot
Subject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: total incapacitation; partial incapacitation; legal capacity; capacity to perform acts in law

Summary/Abstract: Total incapacitation is a civil law institution that significantly affects an individual’s ability to self-determine. The years-long ongoing discussion on the compliance of this institution with the Polish Constitution encourages an examination of whether the regulations concerning incapacitation do actually protect the interests of the disabled person and whether they are consistent with the contemporary reality of life for people with intellectual disabilities. Many European countries are stepping away from a strict framework of depriving individuals of their capacity to perform acts in law through incapacitation. This study contains legal recommendations that the Polish legislature should consider in its further attempts to amend civil law in the matter of incapacitation and the care of people with disabilities.

  • Issue Year: 2020
  • Issue No: 1
  • Page Range: 115-132
  • Page Count: 18
  • Language: Polish
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