Punerea sub interdicție judecătorească a persoanelor cu alienație sau debilitate mintală, reglementată de art. 164 alin. (1) C. civ., în dezacord cu reglementările internaționale în domeniu
Placing under judicial interdiction of persons with alienation or mintal debility, regulated by article 164, paragraph (1) Civil Code, in dissagreement with international regulations in the field

Summary/Abstract: Going through the opinions expressed by the Government of Romania, the People's Advocate and the Tribunal Buzau-Section I Civil in Decision No. 601/2020 of the Constitutional Court on the unconstitutionality of Article 164 para. (1) Civil Code, the question arises: were the institutions concerned really unaware of the provisions of the Convention on the Rights of Persons with Disabilities? Personally, I do not believe this, I would rather put this situation on account of the ease and formalism with which some issues of major interest are dealt with at these levels, such as those concerning respect for the rights and freedoms of persons with disabilities. At the same time, I believe that such a situation [inconsistency of the provisions of Article 164, paragraph (1) Civil Code. with the provisions of the Convention on the Rights of Persons with Disabilities] would have been prevented if the Drafting Commission of the current Civil Code had also taken into account the provisions of the Convention (which, it is true, that at the time of drafting of the new Civil Code, it was not yet ratified by the Romanian State, but was signed by Romania on 26 September 2007) or those contained in Article 440 para. (3) of the French Civil Code and Article 383 of the Swiss Civil Code, governing the length of time for which the court may order the judicial prohibition and would not have been satisfied with taking over the old regulations of the institution of judicial interdiction from the Family Code [art.142-151], of Decree No. 31/1954 concerning natural and legal persons and of Decree No.32/1954 for the implementation of the Family Code and the Decree on natural and legal persons.

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