Interesul persoanei vulnerabile, vector al noului regim al ocrotirii persoanei fizice
The interest of the vulnerable person, a vector of the new regime of protective measures for individuals

Summary/Abstract: The recent reform of the civil protective measures for vulnerable individuals and of civil capacity has substantial deficiencies, sometimes surprising, considering the importance of the subject. The imperfections of this body of positive law do, however, create space for the manifestation of corrective extrapositive values. One such fundamental value, in the examined subject matter, is the preeminent protection of vulnerable members of the community. This value, which has the legal nature of a principle, fulfils a function of normative analysis which is often more important than the positive expressions through which the legislator aims to protect it. In this paper, I attempt to argue this thesis by showing that, within the margin of uncertainty caused by the deficiencies of existing regulations, the principle of the preeminent interest of the protected person dictates technical and practical solutions for, among other issues: (i) the domain of judicial counselling, special tutorship and the protective mandate; (ii) the maximum duration and the possibility of (successive) extensions of judicial counselling and special tutorship; (iii) the effects of protective measures which restrict capacity with respect to the conclusion of the individual’s legal acts, and the consequences of the violation of legal rules concerning such acts.

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