LEGAL ASPECTS OF LEGAL CAPACITY

Abstract

Legal capacity is common term for legally acknowledged capacity to express will and conduct actions that result in consequences, change or termination of legal relations. Legal capacity is presumed for every adult person that is over the age of 18, but can be partially or fully deprived for persons suffering from mental illness, mental handicaps, alcohol or drug addiction or another reason affecting their psychological and physical condition who are not capable of taking care of
themselves. Deprivation of legal capacity can be partial or full, the court procedure is defined in Articles 44 till 56 of Non Contentious Procedure Act. If a procedure is instituted due to mental illness, mental handicaps, alcohol or drug addiction or another reason affecting the psychological and physical condition, the court shall order that the person to be deprived of legal capacity be examined by a medical expert. This articles defines legal aspect of the court procedure as well legal consequences of court decision with special regard to the role and position of medical experts in such procedures.