instruction_to_the_case_study_-_experience_day_2021_002.pdf
(930.18 kB, PDF)
… patient, unable to oversee the consequences of his actions, great trouble if he were able to validly buy anything being offered for sale. And a nine-year old would have a bad start in life if its parents were not able to invalidate the €25,000 online loan it obtained from BNP Paribas. But this interest to receive legal protection may conflict with two other interests. Protection First, it would be odd if all transactions of a minor or a mentally ill person could be invalidated. Nothing seems … drove a car’) or medical condition (‘she looked as healthy as Sophie Dahl’) plays no role. In case of legal incapacity, the law sacrifices legal certainty and the objective approach in order to protect people not able to exercise their free will. The shop owner who is close to selling a BeoSound 5 audio system to a young looking customer can always ask for an ID. Court decisions incapacitating adults are usually published in a national public register that in some countries is even available online for a quick and easy check. 8 B. Other adults Contracts can obviously also be concluded by people who are not formally declared incapable or in need of a custodian by a court decision, but who do suffer from some mental disorder. In particular if this disorder is only of a …