Commentary on the Judgment of the Court of Appeal in Katowice of 11 September 2015, V Aca 109/15
Journal Title: Białostockie Studia Prawnicze - Year 2018, Vol 0, Issue 23
Abstract
The interpretation of Article 13 § 1 of the Civil Code2 has to be made in the spirit of Article 30 of the Constitution of the Republic of Poland stipulating that the inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. Th e provisions of the Constitution and international law on the subject of human rights protection are subject to violation in any case of adjudicating incapacitation, either full or partial, which does not signifi cantly improve the legal or actual situation of the incapacitated person. The adjudication on incapacitation cannot be based on potential risks and threats that may relate to health or even human life in the future.
Authors and Affiliations
Urszula Drozdowska
Keywords
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- EP ID EP524674
- DOI 10.15290/bsp.2018.23.04.17
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