scholarly journals The Law as a Source of Stigma or Empowerment: Legal Capacity and Persons with Intellectual Disabilities

2016 ◽  
pp. 195-207 ◽  
Author(s):  
J. Fiala-Butora ◽  
M. A. Stein
Keyword(s):  
Intellectual Disabilities ◽  
Legal Capacity ◽  
The Law

How Persons with Intellectual Disabilities Are Fighting for Decision-Making Rights

2022 ◽  
Vol 121 (831) ◽  
pp. 30-35
Author(s):  
Chester A. Finn ◽  
Matthew S. Smith ◽  
Michael Ashley Stein
Keyword(s):  
Decision Making ◽  
Intellectual Disability ◽  
United Nations ◽  
Intellectual Disabilities ◽  
Legal Capacity ◽  
Disability Rights ◽  
Persons With Disabilities ◽  
New Approach ◽  
The United Nations

Paternalistic attitudes about what is in the interests of a person with an intellectual disability have long led to abuses, and are embedded in the guardianship laws still in place in most countries. Self-advocates, who identify as people with intellectual or other disabilities and are committed to demanding their rights and educating others about them, are calling for a new approach. They have found support for reforms in the Convention on the Rights of Persons with Disabilities, adopted by the United Nations in 2006 and since acceded to by 182 countries. By supporting the fundamental right of those with disabilities to make decisions, it has enabled disability rights advocates to successfully challenge legal capacity restrictions and push for “supported decision-making.”

scholarly journals Non-Delimitation of Incompetency Denotations in Jurisprudence and Law and the Contradiction of some of its Titles to the Law on Non-Litigious Matters

2019 ◽  
Author(s):  
Sorush Niknamian
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Civil Procedure ◽  
Legal Capacity ◽  
The Law ◽  
The Individual ◽  
The Mind

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect. In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.

scholarly journals Uwarunkowania prawne działalności gospodarczej w Czechach

2018 ◽  
Vol 22 ◽  
pp. 63-70
Author(s):  
Jakub Hudský
Keyword(s):  
Czech Republic ◽  
Legal Aspects ◽  
Agricultural Activity ◽  
Business Activity ◽  
Legal Capacity ◽  
Criminal Records ◽  
The Czech Republic ◽  
Medical Activity ◽  
The Law

LEGAL ASPECTS OF BUSINESS ACTIVITY IN THE CZECH REPUBLICThere are two designations connected with business activity in Czech commercial legislation — business activity hospodářská činnost and živnost. Despite that the definitions of these terms are identical in substantive elements, the živnost is a narrower concept. The types of the živnost function in accordance to the rules indicated in the law. There are some types of business activities listed in the law, which are indicated as activity but not a živnost. For example, medical activity, activities of lawyers, activities of sworn translators, or agricultural activity. Czech legislation also distinguishes two main types of business activity in terms of živnost. Namely, notified business activity ohlašovací živnost and licensed activity. If an entity wishes to pursue a živnost business activity in the Czech Republic, there are two requirements: full legal capacity and no criminal records on business.

scholarly journals الأهلية بين القانون الواجب التطبيق والنظام العام

2020 ◽  
Vol 2 (3) ◽  
pp. 47-64
Author(s):  
ماهر قنبر
Keyword(s):  
Legal Capacity ◽  
Public System ◽  
The Public ◽  
The Law

The research introduces the legal capacity of individuals at the level of the international private relations, their types, importance and influence in the international private individuals’ relations, determining the law to be applied to them, and foregrounding the public system for the application of the law that referred to by the rule of ascription.

scholarly journals KILKA UWAG DOTYCZĄCYCH POWOŁYWANIA CZŁONKÓW ZARZĄDU SPÓŁEK KAPITAŁOWYCH

2016 ◽  
Vol 14 (3) ◽  
pp. 23
Author(s):  
Aleksandra Gawrysiak-Zabłocka
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Capacity ◽  
Practical Application ◽  
The Supreme Court ◽  
Company Directors ◽  
The Law ◽  
Polish Code

SOME REMARKS ON THE APPOINTMENT OF COMPANY DIRECTORSSummaryThe article discusses selected issues concerning the appointment of company directors. In the first part the focus is on the practical application of Art. 18 of the Polish Code of Commercial Companies (Kodeks spółek handlowych, KSH), which provides that only natural persons having full legal capacity and not convicted for crimes or offences mentioned in that provision can be members of a company’s board of managers. In the light of the inconsistent rulings handed down by the Polish Supreme Court (Sąd Najwyższy) it is not clear whether the registering court, which has information available from the National Criminal Register (Krajowy Rejestr Skazanych), may refuse to enter a resolution which has been passed at a shareholders’ meeting but is in breach of the law. In my opinion, the first premise in the ruling handed down by seven Supreme Court judges on 18 September 2013 (case III CZP 13/13) is flawed. Not only does it contradict the Supreme Court decision of 24 July 2013 (case III CNP 1/13), but also its consequences can hardly be reconciled with the consequences of the second premise. In the second part of the study I use the provision on the composition of a brokerage board to show that specific regulations may prove ineffective if they only give cursory attention to an issue, with no reference to what is stipulated by the KSH.

Hacia el fin del dogma "voluntad es capacidad" en el derecho civil chileno

2018 ◽  
pp. 73
Author(s):  
Sergio Arenas Benavides
Keyword(s):  
Civil Law ◽  
Tort Law ◽  
Contract Law ◽  
Legal Capacity ◽  
Human Beings ◽  
Palabras Clave ◽  
The Law

ResumenLa idea de que los incapaces absolutos no tienen voluntad no es acorde a la realidad natural de los seres humanos, y por tanto no debe seguir siendo invocada por los juristas chilenos. Sólo los bebés y los que han caído en comao tienen una patología enajenante severa carecen de una voluntad denida. Los demás sí tienen, sólo que el derecho no considera tales voluntades como sucientes para obligarse. Por otro lado, es poco congruente que no se reconozca voluntad en un área de nuestro derecho civil (materia contractual) y sí en otras (materia extracontractual).Palabras clave: Voluntad; Niños; Capacidad; Demente; Derecho civil.AbstractThe notion that persons with absolute incapacity have no will is not accordance with the natural reality of human beings, and therefore should no longer be relied upon by the Chilean jurists. Only babies and those who have fallen in coma or have a severe alienating pathology lack a denite will. Others have it, only that the law does not consider those wills as sucient to obligate oneself. Moreover, it is incongruous that such will is not recognized in some areas of our civil law (contract law) while it is in others (tort law). Keywords: Will; Children; Legal capacity; Insane person; Civil law.

Liability

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
Judicial System ◽  
Legal Capacity ◽  
Legal Personality ◽  
Functional Part ◽  
The Law

Since the Court has its own legal personality, legal capacity, as well as capacity in tort (Art 4 UPCA), it may establish legal relationships in contract or tort. Since the Court is a functional part of the judicial system of each CMS (Arts 1(2) and 21 UPCA), those legal relationships are subject to the rules of Union law (Arts 1(2) and 21 UPCA) to the extent that they exist and are relevant. Art 24(1)(a) UPCA is not relevant because that provision relates to the Court’s judicial activity and the law applicable in that regard.

Guardianship and supported decision making in Israel

2017 ◽  
Vol 11 (2) ◽  
pp. 54-64 ◽  
Author(s):  
Rebecca Naomi Davies ◽  
Shirli Werner ◽  
Amanda Sinai
Keyword(s):  
Decision Making ◽  
Intellectual Disabilities ◽  
Legal Capacity ◽  
Structured Interviews ◽  
Content Type ◽  
Functional Models ◽  
Guardianship Law ◽  
People With Intellectual Disabilities ◽  
Group Interviews ◽  
Historical Methods

Purpose Recent research has promoted the use of supported decision making, in contrast to historical methods of substitute decision making when working with people with intellectual disabilities. In Israel, people with disabilities are protected by the Legal Capacity and Guardianship Law of 1962, which was amended in 2016. The purpose of this paper is to consider how these recent changes are perceived by the professionals in Israel. Design/methodology/approach Professionals with experience in policy making, law, social work and with direct experience working with people with intellectual disabilities (ID) were interviewed using semi-structured interviews and one focus group. Interviews were recorded and subsequently coded and analysed qualitatively. Findings Two major themes were identified. These were: the law and its phrasing, and changing culture. Findings highlight the process of change within guardianship law and practice and the challenges in implementation encountered so far and anticipated in the future. Originality/value Guardianship laws are changing in many states and the challenges to implementation of supported decision-making in these countries have been echoed in this study. Functional models to allow implementation of supported decision-making have not yet been strongly evidenced. It is hoped that this research may provide a springboard for further study into legal capacity and guardianship issues in Israel and elsewhere.

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