CALITATEA PROCESUALĂ A PĂRȚILOR ÎN CADRUL PROCEDURII PRIVIND ÎNCUVIINȚAREA UNOR MĂSURI DE OCROTIRE PENTRU PERSOANELE CU DIZABILITĂŢI INTELECTUALE ŞI PSIHOSOCIALE
THE PROCEDURAL STANDING OF PARTIES IN PROCEEDINGS RELATING TO THE ESTABLISHMENT OF CARE MEASURES FOR PERSONS WITH INTELLECTUAL AND PSYCHOSOCIAL DISABILITIES

Author(s): Andreea Marcela Praja
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Sociology of Law
Published by: Editura Universităţii Vasile Goldiş
Keywords: procedural quality; conditions for exercising civil action; the exception of the lack of procedural quality; legal counseling; special guardianship.
Summary/Abstract: Standing to bring proceedings represents the identity between the person of the plaintiff and the person who is the holder of the subjective right brought to trial, respectively the identity between the person of the defendant and the person obligated within the legal relationship brought to trial. We must determine the persons who have standing recognized by law to apply to the court in order to protect the interests of a person by establishing judicial advice or special guardianship. This condition for exercising the civil action is to be analyzed in relation to the legislative amendments brought by Law 140/2022 on some protection measures for persons with intellectual and psychosocial disabilities.1

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