The previous legal framework of incapacities of adults was object of many critics, as it was considered too tight, less protective of each individual’s concrete circumstances, as well as stigmatising. This led the legislator to a paradigm shift, which was highlighted with the implementation of a new legal framework concerning the incapacities of adults: the Law no. 49/2018, of 14th of August, which states that all people with legal age have the capacity to exercise their rights, but need to be provided, if necessary, with the vital instruments for their protection. Nevertheless, this new legal framework has failed to answer some questions, most importantly the one regarding the legal standing and the deadline to void the actions practiced by the subject in the matter, when this legal business has not been celebrated in compliance with the judicial measure enacted. The aim of the present work is to look closely into this question, and to propose some solutions.
|Date of Award||16 Sep 2020|
- Universidade Católica Portuguesa
|Supervisor||Agostinho Guedes (Supervisor)|
- Relative nulity