Capacitatea de exerciţiu pentru consimţământul la actul medical

dr. Ionuţ VIDA-SIMITI

Avocat, Baroul Cluj

Abstract

The effect of the patient’s consent is a legal one, namely the birth of medical rights and the undertaking of the patient’s medical obligations. Under art. 1204 of the Civil Code, it must be given after knowing the relevant information. This implies that the will is expressed by a person with discernment. In the case of lack of discernment, the special rules of medical law refer to the legal representative, i.e. the person who could lawfully exercise the rights of the patient, not because of his lack of discernment (a state of fact), but only because of the patient’s lack of capacity to exercise rights (a state of law). The present study aims to analyze the patient’s capacity and incapacity to exercise rights, the obligations and prerogatives of the legal representative by explaining and subsuming the special rules of medical law within the general context of the regulatory...