PROTECTION OF VULNERABLE INDIVIDUALS IN THE LIGHT OF THE AMENDMENTS TO THE CIVIL PROCEDURE LAW
PROTECTION OF VULNERABLE INDIVIDUALS IN THE LIGHT OF THE AMENDMENTS TO THE CIVIL PROCEDURE LAW

Summary/Abstract: Decision no. 601/16.07.2020 of the Constitutional Court of Romania regarding the exception of unconstitutionality raised regarding the content of art. 164 para. (1) of the Civil Code, which provided the legal regime of the protection of the judicial prohibition, required re-examination of the legal framework of the measure of placing the natural person under judicial prohibition. The considerations of the Decision are reflected in the amendments brought by the legislator to the Civil Code, the Civil Procedure Code, the Law of Notaries, Law no. 119/1996 regarding civil status documents, the Labor Code, Law no. 272/2004 regarding the protection and promotion of children's rights, the Adoption Law, O.U.G. no. 97/2005 regarding the records, domicile, residence and identity documents of Romanian citizens, the Law on the Protection of Persons with Disabilities, the Criminal Code, the Ordinance on Stamp Taxes, but also the Law on Electronic Signatures, all being completed with references to those placed under legal advice or special guardianship. Through the measures contained in Law no. 140/2022 regarding some protection measures for people with intellectual and psychosocial disabilities and the modification and completion of some normative acts, it is established, mainly, the reconfiguration and renaming of the current institution of placing under judicial prohibition, but also the creation of a new protection mechanism, respectively the legal advice.

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