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If and how one’s legal capacity can be limited?
Attorney at law Ilze Jankeviča of LEADELL Fogels, Vītols & Paipa expressed her opinion about the development of regulations in regard to limitation of one’s legal capacity in the article “If and how one’s legal capacity can be limited?” of newspaper Ievas Padomu avīze, as well as consulted the magazine in preparation of the above article.
Quote from the article – point of view of the attorney at law Ilze Jankeviča:
“(..) The milestone in the regulation for limitations of one’s legal capacity was the judgement of the court of December 27, 2010. The Constitutional court declared that the so far existing regulation is inadequate for the Constitution of Republic of Latvia. After this judgement of the court, the laws were amended to replace the institution of one’s full legal capacity with the institution – one’s limited legal capacity. The current regulation provides that each case is to be evaluated individually, before decision of limitation of legal capacity is made. Taking into account the specific circumstances and evidence, the limitations are to be set to such extent, in which they are absolutely necessary and are in the interests of the person. This way the possible disproportional limitation of person’s rights is reduced and the abidance of fundamental rights (rights to private life) is encouraged (..)”
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