Law 5110 Study Guide - Quiz Guide: Law French, Mental Disorder, Civil Law Notary
Document Summary
People lacking legal capacity are adults in need of protection. They usually suffer from a mental disability and are therefore formally declared incapable of entering into a valid contract. Curatelle is a far-reaching measure; although there may be a need to protect the vulnerable against exploitation by malicious others, it does prevent full participation in legal life and is thereby a grave intrusion on someone"s personal autonomy. In civil law jurisdictions the court will also appoint a legal representative who is able to perform judicial acts for the protected person. 1896 bgb: the severe consequence of legal incapacity of adults has led to several countries to develop a less intrusive regime to protect the vulnerable. German law does so by the way of. Betreuung , meaning that a custodian is appointed by the court to take care of the affairs of the person that is regarded as incapable of entering valid contracts himself.
