Challenges of the Knowledge Society (May 2021)
THE JUDICIAL INTERDICTION. SPECIAL REVIEW ON THE JURISPRUDENCE OF THE CONSTITUTIONAL COURT
Abstract
Prior to the entry into force of the new Codes, Civil and Civil Procedure, the institution of judicial interdiction was regulated in terms of substantive conditions and effects, by Title III, Chapter 2, Articles 142 - 151 of the Family Code, and the interdiction procedure was regulated in Chapter 3, first section, Articles 30 - 35 of Decree no. 32/1954 for the implementation of the Family Code and the Decree on natural and legal persons. Currently, the seat of the matter is, in terms of substantive conditions and effects in Book I, Title III, Chapter III, Articles 164 - 177 of the Civil Code, and in terms of procedural conditions in Book VI, Title II, Articles 936 - 943 of the Code of Civil Procedure, in essence the current legal provisions resuming the old regulation in the matter. In this study, we set out to analyze the substantive rules and procedure of judicial interdiction, as well as an examination of the jurisprudence of the Constitutional Court in the matter. From the short list of decisions of the Constitutional Court regarding the judicial interdiction, of particular interest is the recent Decision no. 601 of July 16, 2020 regarding the exception of unconstitutionality of the provisions of Article 164 paragraph (1) of the Civil Code, published in the Official Gazette of Romania no. 88 of January 27, 2021.
