ISSN 0201–7385
ISSN 0130–0113
En Ru
ISSN 0201–7385
ISSN 0130–0113
Legal consequences of limiting the legal capacity of a citizen suffering from a mental disorder

Legal consequences of limiting the legal capacity of a citizen suffering from a mental disorder

Abstract

The article is devoted to the analysis of the legal consequences of the limitation of capacity and the recognition of incompetent citizen suffering from mental disorder. According to the author, the term «recognition incompetent» used in the law is not entirely correct, since a citizen can not be completely deprived of legal capacity. Even if he is recognized as incompetent, he can perform actual actions and legal acts, due to which he may have intellectual rights (on the results of his creative activity, etc.), property rights, etc. In cases stipulated by law, such a citizen may bear property liability.

Received: 05/01/2018

Accepted: 05/30/2018

Accepted date: 06/30/2018

Keywords: limitation of legal capacity, inability to understand the significance of his actions and control them, recognition of a citizen as incompetent, custody, guardianship

Available in the on-line version with: 30.06.2018

To cite this article
Issue 3, 2018