Incidența Legii numărul 140 din 2022 asupra materiei moștenirilor
The Incidence of Law No. 140 of 2022 on The Matter of Inheritances

Author(s): Ilioara Genoiu
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: Universul Juridic
Keywords: Special Guardianship; Judicial Advice; Assistance for The Conclusion of Legal Acts; Special Curator; Guardianship Court;
Summary/Abstract: The entry into force, in August 2022, of Law no. 140/2022 regarding some protection measures for people with intellectual and psychosocial disabilities and the modification and completion of some normative acts generated notable consequences in the matter of the protection of the natural person and the capacity of the individual subject of law to conclude civil legal acts. Mainly, this normative act was intended to harmonize the national legislation regarding the protection of the natural person with the provisions of the Convention on the Rights of Persons with Disabilities (CRPD), adopted by the General Assembly of the United Nations Organization in 2006 and ratified by our country. As a result of this approach, the measure of placing under judicial prohibition, which targeted natural persons lacking discernment due to alienation or mental debility, is replaced by special guardianship. Apart from this latter measure of protection of the natural person, two other measures are regulated, for the first time in our legislation, namely judicial advice and assistance for the conclusion of legal acts. These legislative changes have an immediate, direct impact on the protection of the natural person and indirect, but undoubtedly essential, on the capacity of the natural person to perform any civil legal acts, including acts of interest for the matter of inheritances.

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