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Protecting the judicial interdiction under the regulations of the New Civil Code

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Author(s): Roxana MATEFI

Journal: Bulletin of the Transilvania University of Braşov. Series VII : Social Sciences and Law
ISSN 2066-7701

Volume: 5 (54);
Issue: 2;
Start page: 75;
Date: 2012;
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Keywords: judicial interdiction | protection | alienation | mental debility | guardian | minor | capacity of decision | instance.

ABSTRACT
The present article deals with the institution of judicial interdiction having in view the perspective of the New Civil Code, which is considered a protection measure ruled regarding the people without enough discernment as to mind their own interests because of alienation or mental debility, measure which can also be taken in relation to the minors with a restricted capacity of decision.In the beginning of the paper, I have analyzed this institution with reference to the notion and the conditions whose fulfillment is required by the legislator with a view to take the measure of placing under judicial interdiction. Subsequently, I dealt with the effects of placing under judicial interdiction, respectively the person’s deprivation of capacity of decision, as well as appointing a guardian. The last question dealt with is the one of lifting the judicial interdiction, the law court being entitled to pronounce on this matter.
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