Aspecte privind restituirea prestaţiilor de către persoanele cu dizabilităţi psihointelectuale care nu beneficiau de măsuri de ocrotire la încheierea actelor juridice civile ulterior anulate (cu o notă de practică judiciară)
Aspects concerning the restitution of benefits by persons with psycho-intellectual disabilities who did not benefit from protective measures at the time of the conclusion of civil legal acts subsequently annulled (with a note on judicial practice)

Summary/Abstract: The period of time between the onset of a mental illness (deterioration of a person’s mental capacity) and the time when, as a result of these circumstances, a protective measure will be taken against the major represents a period during which harmful consequences may occur on his or her assets, if the person with such medical conditions has entered into civil legal acts as a result of which he or she has made no profit. Although these acts could not be annulled on the grounds of infringement of the rules on the capacity of the natural person to act (since the protective measure had not been put in place at the time of the conclusion of the acts), they will nevertheless be annulled for lack of discernment. As regards the reimbursement of benefits paid under the civil legal acts thus annulled, the adoption of a judicious solution should, in our view, be based on a distinction based on the way in which the illness manifested itself, namely, according to whether the medical problems of the person affected were known or could have been identified (easily) by his co-contractor or, on the contrary, could have been recognised only by specialists, which cannot reasonably be expected of an ordinary co-contractor.

• Details
• Contents