Abstract

The equally recognition of the legal capacity for all the persons was developed through a lot of international instruments to which our country is party, such as Universal Declaration of Human Rights, International Covenant on Civil and Political Rights etc. The most important aspects related to legal capacity was settled down by the Convention on the Rights of Persons with Disabilities (hereinafter called CRPD). CRPD is an international human rights treaty adopted by the United Nations General Assembly on 13th December 2006 and came into force on 3rd May 2008 following ratification by the 20th State Party. The European Union signed the UN CRPD at 30 March 2007. As a result of Law No. 166-XVIII of 09.07.2010, the Republic of Moldova ratified the UN CRPD. The Convention requires the states, which ratified it to assure that the persons with disabilities can freely and fully exercise their right, in equal conditions with all the persons. These standards highlight the need to make the procedures and legal documents more accessible for people with disabilities. Moreover, it emphasizes the opportunity to develop an adequate and effective support for the free exercise of legal capacity by persons with disabilities. In accordance with the recommendations, national legal systems must provide to people the necessary conditions for the free exercise of legal capacity, including to recognize the right of individuals to seek support from others in their decision making, and communicating these decisions etc. This support must be differentiated adapted and fully meet the needs of the individual, but not in a form of actually missing person entitled to exercise such rights. As it results the international standards described above, had a very powerful impact on the determination of the essence of the concept of legal capacity. There in the article will be settled down the dependence of the national regulations by the international standards and the communities values that were manifested into the new amendments of the national legislation and the concept of legal capacity described in base of the regulation in force from our country.

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