Unele considerații privind măsurile de ocrotire a persoanei fizice în contextul modificării și completării Codului civil
Some considerations regarding measures to protect the individual in the context of amending and supplementing the Civil Code

Author(s): Cristiana Mihaela Crăciunescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: individuals with limited discernment; judicial counseling; special guardianship; guardian; protected individual;
Summary/Abstract: Declaring the unconstitutionality of the provisions of Art. 164 Section (1) of the Civil Code, which regulated the ban, requires the regulation of the way in which individuals without discernment or with limited discernment will be able to be protected, taking into account the individualization of their degree of incapacity and its evolution over time. In this context, the legislator adopted a law amending and supplementing the Civil Code and other normative acts. This law regulates a series of measures that seek to protect vulnerable persons in compliance with the requirements of Article 50 of the Constitution and with those of Article 12 of the Convention on the Rights of Persons with Disabilities. The aforementioned concern the need to ensure the safeguards that must accompany the measures to protect persons. Law no. 140/2022 includes new protection measures: assistance for concluding legal acts, protection mandate, judicial advice and special guardianship. The new law also complements the existing regulations on juvenile guardianship and special guardianship, as well as the procedural provisions applicable to these types of cases. Although necessary, the new regulation is not without its flaws, which will require finding effective solutions in the jurisprudence they will generate.

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