PIECZA NAD LUDŹMI STARYMI W POLSKIM PRAWIE CYWILNYM I OPIEKUŃCZYM NA TLE PORÓWNAWCZYM
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Date
1999
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Wydział Prawa i Administracji UAM
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CARE OF THE ELDERLY IN POLISH CIVIL LAW AND GUARDIANSHIP PROVISIONS AGAINST COMPARATIVE BACKGROUND
Abstract
The norms of law regulating the participation of the elderly in the conduct of civil law transactions
(for example - disposing of a bank account, dealing with social insurance matters) as well
in Poland as in many other countries have not been revised since many years and even, to a certain
degree, have been neglected by the science and jurisprudence, despite of the fact of immense
impact of these questions on the quality itself of the living conditions of the elderly. The norms in
question are characterised with a lack of elasticity; or they do treat the elderly in the same way as
fully valid participants in the conduct of civil law transactions (with the same duties and without
any adequate protection because of the ageing) or the norms give some legal protection to the
elderly however at the cost of their legal incapacitation.
One of the main aims of the reform of the care of mature persons which was introduced in
Austria, Sweden and Germany was a creation of legal framework for assistance to the elderly with
no intervention in their private sphere. The article gives an attempt to determine the position of
the care of the elderly within Polish law system, it presents also the present legal state and
propositions of changing certain legislative dispositions. Synthetic and sometimes quite general
formulation of Polish provisions made it possible for the courts to get an interpretation which
diminishes possible intervention in the rights of persons under care. However, in many cases the
help offered for the elderly occurs to be insufficient, so a change of respective law provisions is
already desirable. Renouncing of the institution of legal incapacitation in its present form shall
not only deprive the care of its undesirable effects but, in the same time, shall make it possible to
assist the elderly in a way better adapted to concrete needs.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 61, 1999, z. 1, s. 131-145.