Cerere de punere sub interdicţie a unei persoane internate într-o unitate spitalicească. Noţiunea de "domiciliu". Conflict negativ de competenţă

Application for banning a person admitted to a hospital unit. Notion of "residence". Negative conflict of jurisdiction

Abstract

The territorial jurisdiction for the settlement of the action whose subject matter is represented by the banning of a person who is admitted to a hospital unit for an unlimited period, shall belong to the court in the territorial jurisdiction of which the respective person has the residence, respectively the address indicated on the identity card, and the address of the hospital unit could not be included in the notion of "residence", to which art. 936 of the Code of civil procedure refers, as long as his/her intent to establish the residence at the hospital unit where he/she is admitted has not been proved, according to art. 89 of the Civil code.

Consequently, not any address where a person may be found for a longer...