Review article
Legal position of persons deprived of legal capacity
Katarina Sokić
Jelena Uzelac
Abstract
Legal capacity is a particularly complex issue because it affects all areas of life, from choosing where to live to signing an employment contract, casting a vote or managing the property. Legal capacity is the ability of a person to take legally valid decisions and to enter into binding contractual relations. It makes a person a subject of law and a holder of legal rights and obligations. The aim of this study was to analyse certain rights which are important for the property protection of persons deprived of legal capacity including representation, validity of civil affairs, entering into the agreement, disposed of assets, testamentary disposition and inheritance. The results have shown that particular caution is needed when determining the scope of the restriction, as well as insufficient compatibility of the law of obligations, civil procedure and family law. The paper makes some proposals de lege ferenda regarding the observed contradictions and dilemmas in Croatian legislation.
Keywords
Deprivation of legal capacity; validity of legal actions; inheritance
Hrčak ID:
226646
URI
Publication date:
20.12.2018.
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