LEGAL CAPACITY AND HUMAN DIGNITY – CRITICAL REMARKS ON INCAPACITATION IN POLISH LAW IN A COMPARATIVE PERSPECTIVE
The provisions of the Polish Civil Code concerning legal capacity, including the institution of incapacitation, similarly to other countries in the region, have not undergone major changes since their entry into force on January 1, 1965. Over the years the state of medical knowledge, the perception...
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| Format: | Article |
| Language: | English |
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Josip Juraj Strossmayer University of Osijek, Faculty of Law
2025-07-01
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| Series: | Pravni Vjesnik |
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| Online Access: | https://ojs.srce.hr/index.php/pravni-vjesnik/article/view/34133 |
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| author | Andrzej Herbet |
| author_facet | Andrzej Herbet |
| author_sort | Andrzej Herbet |
| collection | DOAJ |
| description | The provisions of the Polish Civil Code concerning legal capacity, including the institution of incapacitation, similarly to other countries in the region, have not undergone major changes since their entry into force on January 1, 1965. Over the years the state of medical knowledge, the perception of various mental illnesses and dysfunctions, as well as the social role of people with disabilities have evolved radically. The systemic context – both constitutional and international (conventional) – as well as the legal state-of-play in this area in most Western European countries, including those which were the regulatory model for the Polish legislator, have also changed. Against this background, the Author advocates the need to abolish the institution of incapacitation and replace it with more nuanced and proportionate legal measures that do not interfere as profoundly with legal capacity and thus with legally protected human dignity. This request is finally being realised by the draft law on instruments for supported decision-making of December 9, 2024. |
| format | Article |
| id | doaj-art-c0a8da3548414f57b34f6e70e53bee7c |
| institution | Kabale University |
| issn | 0352-5317 1849-0840 |
| language | English |
| publishDate | 2025-07-01 |
| publisher | Josip Juraj Strossmayer University of Osijek, Faculty of Law |
| record_format | Article |
| series | Pravni Vjesnik |
| spelling | doaj-art-c0a8da3548414f57b34f6e70e53bee7c2025-08-26T06:52:04ZengJosip Juraj Strossmayer University of Osijek, Faculty of LawPravni Vjesnik0352-53171849-08402025-07-01412779610.25234/pv/3413332092LEGAL CAPACITY AND HUMAN DIGNITY – CRITICAL REMARKS ON INCAPACITATION IN POLISH LAW IN A COMPARATIVE PERSPECTIVEAndrzej Herbet0https://orcid.org/0000-0002-5835-7438Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Al. Racławickie 14, 20-950 Lublin, PolandThe provisions of the Polish Civil Code concerning legal capacity, including the institution of incapacitation, similarly to other countries in the region, have not undergone major changes since their entry into force on January 1, 1965. Over the years the state of medical knowledge, the perception of various mental illnesses and dysfunctions, as well as the social role of people with disabilities have evolved radically. The systemic context – both constitutional and international (conventional) – as well as the legal state-of-play in this area in most Western European countries, including those which were the regulatory model for the Polish legislator, have also changed. Against this background, the Author advocates the need to abolish the institution of incapacitation and replace it with more nuanced and proportionate legal measures that do not interfere as profoundly with legal capacity and thus with legally protected human dignity. This request is finally being realised by the draft law on instruments for supported decision-making of December 9, 2024.https://ojs.srce.hr/index.php/pravni-vjesnik/article/view/34133legal capacityintellectual disorderintellectual disabilityincapacitation |
| spellingShingle | Andrzej Herbet LEGAL CAPACITY AND HUMAN DIGNITY – CRITICAL REMARKS ON INCAPACITATION IN POLISH LAW IN A COMPARATIVE PERSPECTIVE Pravni Vjesnik legal capacity intellectual disorder intellectual disability incapacitation |
| title | LEGAL CAPACITY AND HUMAN DIGNITY – CRITICAL REMARKS ON INCAPACITATION IN POLISH LAW IN A COMPARATIVE PERSPECTIVE |
| title_full | LEGAL CAPACITY AND HUMAN DIGNITY – CRITICAL REMARKS ON INCAPACITATION IN POLISH LAW IN A COMPARATIVE PERSPECTIVE |
| title_fullStr | LEGAL CAPACITY AND HUMAN DIGNITY – CRITICAL REMARKS ON INCAPACITATION IN POLISH LAW IN A COMPARATIVE PERSPECTIVE |
| title_full_unstemmed | LEGAL CAPACITY AND HUMAN DIGNITY – CRITICAL REMARKS ON INCAPACITATION IN POLISH LAW IN A COMPARATIVE PERSPECTIVE |
| title_short | LEGAL CAPACITY AND HUMAN DIGNITY – CRITICAL REMARKS ON INCAPACITATION IN POLISH LAW IN A COMPARATIVE PERSPECTIVE |
| title_sort | legal capacity and human dignity critical remarks on incapacitation in polish law in a comparative perspective |
| topic | legal capacity intellectual disorder intellectual disability incapacitation |
| url | https://ojs.srce.hr/index.php/pravni-vjesnik/article/view/34133 |
| work_keys_str_mv | AT andrzejherbet legalcapacityandhumandignitycriticalremarksonincapacitationinpolishlawinacomparativeperspective |