ПРЕВЕНЦИЯ НА ЗЛОУПОТРЕБИТЕ С ИМУЩЕСТВОТО И ДОВЕРИЕТО НА ЛИЦА С УВРЕЖДАНИЯ. ПРЕДЛОЖЕНИЯ DE LEGE FERENDA
PREVENTION OF ABUSE OF PROPERTY AND TRUST OF PERSONS WITH DISABILITIES. PROPOSALS DE LEGE FERENDA

Summary/Abstract: The article analyzes the need for legislative changes to prevent real estate fraud and abuses involving the assets of "vulnerable persons," including the elderly and people with disabilities. The author proposes the introduction of a new article in the Notaries and Notarial Activity Act (NNAA), aimed at strict verification of legal capacity and enhanced protection for these categories of individuals. A key measure is the requirement to present a medical document from a Medical Advisory Commission (MAC) to certify a person's ability to form a valid legal will. The proposal also includes a mechanism for the temporary suspension of transaction registration for a period of 14 to 30 days, allowing for a detailed verification of the expression of will and the prevention of abuses. In conclusion, the author emphasizes that the notary must be an active guardian of free will and the dignity of the most vulnerable participants in legal transactions.

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