PRIVIRE COMPARATIVĂ ASUPRA CONSILIERII JUDICIARE ŞI TUTELEI SPECIALE – MĂSURI DE OCROTIRE A PERSOANEI FIZICE
COMPARATIVE VIEW OF JUDICIAL COUNSELING AND SPECIAL GUARDIANSHIP – MEASURES TO PROTECT THE NATURAL PERSON

Summary/Abstract: This article aims to approach from a comparative point of view two of the protection measures recently introduced by the legislator in the economy of the Civil Code, following the changes made on the basis of Law no. 140/2022 regarding some protection measures for people with intellectual and psychosocial disabilities and the modification and completion of some normative acts, namely judicial counseling and special guardianship. These protective measures are thus replacing the measure of placing under judicial prohibition, a measure which, as results from Decision no. 601/2020 of the Constitutional Court was not accompanied by guarantees regarding proportionality with the person's degree of capacity, adaptation to his life, its application for the shortest period of time or periodic review, among others.

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