Law no. 140/2022 on certain protection measures for persons with intellectual and psychosocial disabilities and amendment and completion of some normative acts. A terminological approach Cover Image
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Legea nr. 140/2022 privind unele măsuri de ocrotire pentru persoanele cu dizabilităţi intelectuale şi psihosociale şi modificarea şi completarea unor acte normative. O abordare terminologică
Law no. 140/2022 on certain protection measures for persons with intellectual and psychosocial disabilities and amendment and completion of some normative acts. A terminological approach

Author(s): Vlad Ionuţ Domocoş
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: prohibition; unconstitutionality; discernment; mental alienation; mental debility; intellectual or psychosocial disability; impairment of mental faculties;

Summary/Abstract: With the intervention of the Constitutional Court, which declared Article 164 of the Civil Code unconstitutional, the matter of civil law relating to protective measures required a major legislative intervention, an intervention that was also assessed in the preamble of the explanatory memorandum of Law no. 140/2022 on some protective measures for persons with intellectual and psychosocial disabilities and the amendment and completion of some normative acts as a paradigm shift. Considering the novelty of some legislative provisions introduced in the Romanian law by Law no. 140/2022 respectively by Order no. 3423/2128/2022 on the approval of the methodology and of the medical and psychological assessment report of persons with intellectual and psychosocial disabilities in the context of the provision, extension, replacement or lifting of the care measure, the article aims to analyse a series of terms and linguistic constructions from the perspective of the interferential aspects of meaning and to answer the following question: Are the provisions of Law 140/2022 clear, unequivocal and predictable?

  • Issue Year: 2025
  • Issue No: 1
  • Page Range: 342-367
  • Page Count: 26
  • Language: Romanian
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