Abstract

The article discusses the issue of interpreting the premises for complete legal incapacitation in the current legal and social environment. Pursuant to Art. 13 § 1 of the Civil Code, such incapacitation may be declare when a person over 13 years of age is not capable of controlling his or her conduct as a result of a mental illness, mental retardation or other mental disorders, in particular alcohol or drug abuse. There is a tendency to interpret Art. 13 of the Civil Code literally. Therefore, a question arises as to whether it is permissible to declare complete legal incapacitation with respect to persons who are unable to control their conduct as a result of somatic ailments or natural changes related to old age. The solution proposed in this article is aimed at a broader interpretation of “other mental disorders”, which will allow to extend the application of Art. 13 of the Civil Code also to persons who are e.g. in a prolonged coma or suffer old-age changes as a result of which they have no conscious contact with the environment.