REINSTATEMENT OF LEGAL CAPACITY OF PRIVATE PERSON: SELECTED AREAS OF CONCERN
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 2
Abstract
The subject of examination of the article is a problem of determination of the legal grounds for reinstatement of legal capacity of private persons that are recognized by the court decision as legally incapable. The approach chosen by the legislator of Ukraine according to which the legally incapable person is given the right to apply directly to the court with the requirement to renew the capacity is criticized. Such approach does not correspond with the rules of procedural capacity of participants of civil process. In order to provide for individuals suffering from mental illness, including chronic and persistent ones, the right to judicial protection, it is offered to introduce in the legislation of Ukraine a legal regime for restricting these persons in capacity instead of recognizing them as legally incapable.
Authors and Affiliations
Olena Kovalenko
Keywords
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