Abstract

ROBINSON, JA. The Status and Protection of Majors with Impaired Capacity to Act. PER [online]. 2020, vol.23, n.1, pp.1-30. ISSN 1727-3781.  http://dx.doi.org/10.17159/1727-3781/2020/v23i0a7341.

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.

Keywords : Protection of older people; impaired capacity to act; boni mores.

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