CONSIDERATIONS REGARDING LAW NO. 140/2022 ON SOME PROTECTION MEASURES FOR PERSONS WITH INTELLECTUAL AND PSYCHOSOCIAL DISABILITIES AND AMENDING AND SUPPLEMENTING SOME NORMATIVE ACTS

Roxana Maria Roba
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Roxana Maria Roba: Lecturer, PhD. University of Medicine, Pharmacy, Sciences and Technologies George Emil Palade, Tg. Mures, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2022, vol. 89, 82-89

Abstract: By the Constitutional Court Decision no. 601 of 16 July 2020 on the exception of unconstitutionality of the provisions of article 164, paragraph 1 of the Civil Code was admitted the exception of unconstitutionality and it was found that these legal provisions are unconstitutional. Considering the obligation of the legislator to agree the provisions found to be unconstitutional with the Constitutional Court Decision no. 601/2020 and with the provisions of the Constitution of Romania, Law no. 140/2022 on some measures of protection for persons with intellectual and psychosocial disabilities and amending and supplementing some normative acts was adopted. The present study aims to analyze how the former institution of the prohibition of the natural person has been reconfigured in the normative act to come into force on August 18, 2022, compared to the regulation of the institution of the prohibition.

Keywords: article 164; paragraph 1 of the Civil Code; measures of protection; persons with intellectual and psychosocial disabilities; judicial counseling; special guardianship. (search for similar items in EconPapers)
JEL-codes: K15 (search for similar items in EconPapers)
Date: 2022
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