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NEW ROMANIAN LEGISLATIVE LANDMARKS ON THE ACQUISITION OF PRIVATE PROPERTY RIGHTS FOR MINORS AND PEOPLE ASSOCIATED TO THEM
Abstract
The present study starts from the broad context of the recent legislative changes introduced by the entry into force of Law no. 140/2022 regarding some protection measures for people with intellectual and psychosocial disabilities, a law that amended and supplemented the provisions of the Civil Code and the Code of Civil Procedure in the matter of the protection of natural persons. The normative act modified these measures in a more nuanced and comprehensive manner, by referring also to European and international legislation, ratified by Romania, establishing new mechanisms for the protection of minors and other categories of persons who, although they are adults, require support either to take care of one’s own person, or for the administration of the patrimony and the full exercise of civil rights and liberties. The new regulation therefore highlights both previous doctrinal experience and similar provisions of some international pacts and treaties. In this broad context of legislative reform, we analyse only a particular and somewhat adjacent aspect of the law mentioned above, namely, the ways of acquisition by minors and by adults who benefit from legal protection of the right to private property, with an emphasis on the area of concluding legal acts of disposition free of charge. Therefore, the acquisition of the right to private property in the case of liberalities has undergone some changes in both substantive law and procedural law through the new law. We will also issue personal points of view regarding the alternative procedure of sharing control and validation of these legal acts between the guardianship authority and the guardianship court.
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Published in the Official Monitor of Romania no. 500 dated 20 May 2022 and entered into force on 18 August 2022.
Decision no. 601 of July 16, 2020 was published in the Official Monitor no. 88 of January 27, 2021.
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