Când mai puţin de unu nu e neapărat zero. Capacitatea juridică a persoanei

Roxana RIZOIU

Formator Institutul Naţional al Magistraturii

When less than one is not necessarily zero. Legal capacity of the person

Abstract

Since European law finally accepted that people are equal before the law (and the predecessors will each have a favourite moment when this happened), things have been rather clear, namely that all persons enjoying civil rights had, de plano, capacity to sue and be sued and exercise them without many nuances and categories. With the consequence, also without nuance, that those who, for various reasons, mainly medical, lacked capacity to exercise their rights, could not conclude valid deeds, could not make decisions about their fate (we leave aside, for the sake of this paper, any discussion of minors and restricted capacity to exercise their rights), and their rights were limited in various circumstances, at the discretion of the law enforcement authorities.

Keywords: legal...