Ocrotirea anumitor persoane fizice prin măsura punerii sub interdicţie judecătorească în lumina dispoziţiilor Noului Cod civil şi a Noului Cod de procedură civilă

CEZARA CHIRICĂ*

* e-mail: cezara_chirica@yahoo.com

Avocat - Baroul Cluj

ABSTRACT

In this study, the author analyzes the protection measure by means of adjudication of incapacity of certain natural persons, mentally ill, by drawing a comparison between, on the one hand, the dispositions of the New Civil Code and the New Code of Civil Procedure, and, on the other hand, the old regulation contained in the Family Code of 1953 and the Ordinance no. 32/1954 regarding enactment of the Family Code and the Ordinance regarding natural persons and legal entities.

In its essence, the New Civil Code preserves almost entirely the provisions of the previous regulation on this protection measure, bringing just a few elements of novelty, such as the possibility of appointing the custodian by a competent person, in case of future adjudication of...