Die status en beskerming van meerderjariges met beperkte handelingsbevoegdheid
Abstract
The Status and Protection of Majors with Impaired Capacity
to Act
In this contribution the focus falls on the capacity to act of majors
who, due to mental or physical disabilities, lack the ability to
make sound decisions in respect of their estate, conclude juristic
acts that lead to undue harsh consequences for themselves. The
question that arises is how to apply the boni mores as the
concept has been developed constitutionally to protect such
persons. In this respect it is shown that Dutch law may fruitfully
be consulted to comply with courts' discretion to consult foreign
law. Mentorskap and the beschermingsbewind qua measures
that are aimed specifically at the protection of the non-patrimonial
interests of (typically) patients and the patrimonial
interests of such people, are of specific relevance.
Collections
- PER: 2020 Volume 23 [48]