AROUND INCAPACITATION. DISCUSSION ON THE PURPOSE OF INCAPACITATION AND THE SOCIAL AND MEDICAL MODEL OF INSTITUTIONS
AROUND INCAPACITATION. DISCUSSION ON THE PURPOSE OF INCAPACITATION AND THE SOCIAL AND MEDICAL MODEL OF INSTITUTIONS

Summary/Abstract: In this article, I analyze certain aspects of the institution of legal incapacitation pointing out that, in current legal state the normative provison of Article 13 and Article 16 of the Civil Code are archaic inclusive and discriminatory towards the person subject to legal incapacitation proceedings. The inclusion of two types of legal incapacitation on the general part of the Civil Code total and partial and the retention of the institution of total legal incapacitation in its current form, which exludes the incapacitation person from the legal, social, family, and relational spheres, are inconsistent with the postulates contained in the Convention of the Rights of Person with Disabilities. The article to a limited extent attamps to discuss a non-statutory premise: the purposefulness of legal incapacitation. Referring to the category of division of law into the sphere of lex and the sphere of ius in the non-source premise of the purposefulness of legal incapacitation we find elements closer to ius.

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