Psychiatr. praxi. 2014;15(2):87-89

Legal capacity and its restriction. Nullity of legal action

MUDr.Jiří Švarc, Ph.D.

Psychiatrická nemocnice Bohnice, Praha

The article summarizes the principle of legal capacity according to the new Civil Code No. 89/2012. Restriction of legal capacity should

protect the mentally ill; for this purpose, it is not necessary to deprive someone of legal capacity (as in Czech Rep.). The new Civil Code

enables only to restrict legal capacity in certain situations (while preserving the person's legal capacity for everything else). Even a person

with restricted legal capacity can still manage his own affairs. Legal capacity can be restricted only in the interest of a mentally ill person.

For example, the act of voting cannot harm the person and it is therefore useless to determine whether the person understands its meaning.

The article summarizes the legal process of restriction of legal capacity according to the Act No. 292/2013. The article describes

the new features in the process of nullification of legal action.

Keywords: legal capacity, assessment of legal capacity, nullity of legal action, civil code, presumption of health

Published: May 15, 2014  Show citation