Some ideas about the application in the notarial activity of the regulations regarding the capacity of the natural person Cover Image
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Câteva idei despre aplicarea în activitatea notarială a normelor privind capacitatea persoanei fizice
Some ideas about the application in the notarial activity of the regulations regarding the capacity of the natural person

Author(s): Alin-Adrian Moise
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Public Law
Published by: Universul Juridic
Keywords: natural person; public notary; capacity; special curator; deed of disposition; authorization of deed; guardianship authority;

Summary/Abstract: The following pages represent some of the notes prepared for five classes held within the Romanian Notarial Institute. The topic addressed within those classes was “The application of legislation regarding the protection of the person in light of the latest amendments”, given the novelties brought by Law no. 140/2022. So that the opinions held in the aforementioned classes can be subject to more in-depth analysis, I considered it would be of interest to publish some of the notes prepared. I am not certain that the solutions are correct and complete, the subject being a particularly complex one, but the presentation is certainly conceived differently than the standard one, from the theory of civil law, and I believe that it could be useful to a reader wishing for more practical analyses. The main conclusion that can be drawn from the study of judicial and notarial practice is that there are serious problems in understanding and applying some relevant norms from the Civil Code and from Law no. 71/2011 and their revision and/or the development of an authoritative doctrine on them is urgently required.

  • Issue Year: 2024
  • Issue No: 04
  • Page Range: 457-482
  • Page Count: 26
  • Language: Romanian
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