IMPERIOZITATEA PARTICIPĂRII EFECTIVE A PERSOANELOR MAJORE VULNERABILE LA ACTIVITATEA NOTARIALĂ
THE IMPERATIVE NEED TO REFORM THE ROMANIAN LEGAL FRAMEWORK IN ORDER TO ENSURE THE EFFECTIVE PARTICIPATION OF PERSONS OF LEGAL AGE WITH VULNERABILITIES

Summary/Abstract: This paper analyses the notarial regulatory framework in Romania, with particular attention to accessibility measures lato sensu, intended for vulnerable persons, aimed at facilitating their participation in notarial procedures. The study examines the extent to which the national notarial legal framework fulfils its obligation to provide the necessary support for persons with disabilities, with special emphasis on assessing the guarantee of equal access to notarial services for this category of persons. In carrying out the stated objectives, we have chosen to employ primarily the methods of juridical-dogmatic and functionalist investigation, examining current legislation, relevant case law, practical cases, and legal doctrine. In light of the current legal framework and considering the circumstances in which the beneficiaries of notarial procedures may find themselves, we chose to initiate our research on two levels, respectively according to the regulation of mental disabilities and according to the regulation of sensory and communication disabilities. In relation to these two categories, we identified the notarial procedures that permit the use of adapted notarial services, the specific requirements imposed on their beneficiaries, and the instruments provided by law to be used by the professional for the purpose of making their services accessible. Therefore, our scientific work offers a new perspective on the need for legal norms to provide clear measures for adapting services for all vulnerable persons, regardless of the protective measures from which they benefit or their legal capacity to act, and to integrate genuine accessibility tools. In addition to the analysis of domestic notarial law norms, particularly in relation to the imperative requirements of the crpd, international law, and constitutional principles, the objective of the study consists in formulating guidelines regarding possible legislative reforms focused on the creation of an inclusive legal environment, that reflects the role of the notary public in supporting vulnerable persons.

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