Some considerations on the protection of the person through guardianship Cover Image
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Câteva consideraţii privind ocrotirea persoanei prin curatelă
Some considerations on the protection of the person through guardianship

Author(s): Cristiana Mihaela Crăciunescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: guardianship; measure of protection; guardian; protected person; discernment;

Summary/Abstract: In the context of the amendment of the Civil Code by Law no.140/2022, the measures to protect people with intellectual and psychosocial disabilities take on new features, in agreement with the requirements of the constitutional purviews and European principles. One of the measures to protect people with disabilities is guardianship, which is considered the least intrusive measure that the guardianship court can order. In the form of the appointment of a special guardian, this measure also works as an emergency aid in various situations. The difficulty lies in identifying the person who is capable of fulfilling the guardian's duties in each case, for every particular situation. The flexibility provided by the possibility of re evaluating the protection measure whenever needed brings more efficiency in this area.

  • Issue Year: 2025
  • Issue No: 1
  • Page Range: 331-341
  • Page Count: 11
  • Language: Romanian
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