Izvorni znanstveni članak
https://doi.org/10.25234/pv/31869
IS THE RETURN OF THE COMPLETE DEPRIVATION OF LEGAL CAPACITY OF PERSONS WITH DISABILITIES JUSTIFIED?
Aida Babović
; Pravni fakultet, Sveučilište u Zagrebu, Trg Republike Hrvatske 14, 10000 Zagreb, Hrvatska
Sažetak
The amendment to the Family Law of 2023 governed, among other things, the complete deprivation of legal capacity. It was inspired by the Decision and Ruling of the Constitutional Court of the Republic of Croatia (UI-394/2015 of 18 April 2023) on the repeal of provision 234, paragraph 2 of the Family Law of 2015, which prevented persons from remaining and becoming completely deprived of legal capacity. The paper observes the implications of the reintroduction of complete deprivation of legal capacity in the national family law arrangement in correlation with the existing partial deprivation of legal capacity. Individual analysis of court decisions of the Municipal (Civil) Courts in Zagreb and Rijeka and the County Courts in Zagreb and Pula indicates the necessary proportionality of the scope and content of deprivation of legal capacity and their practical applicability to the legal status and life circumstances of persons with disabilities. For the sake of comparison, the legislative frameworks of Germany, France, and Slovenia on the protection of adults with disabilities have been brought closer to the Croatian with the purpose of their potential reception and materialisation.
In the conclusion of the paper, the assessment, possible solutions and conclusions on the topic of the paper, and projections of its future development are presented with an emphasis on the need to abandon (complete) deprivation of legal capacity in general. In addition, certain de lege ferenda proposals necessary for improving the judicial-procedural and guardianship status of persons with disabilities are presented simultaneously.
Ključne riječi
persons with disabilities; deprivation of legal capacity; case law; proportionality test
Hrčak ID:
325296
URI
Datum izdavanja:
31.12.2024.
Posjeta: 55 *