Regulation features of the civil capacity problems of the former legal regulation, which was valid until 2016, the 1st of January, and the new Institute of Capacity

Šiame straipsnyje analizuojama Jungtinių Tautų Neįgaliųjų teisių konvencija, veiksniai, paskatinę Lietuvos Respublikos Seimą priimti 2015 m. kovo 26 d. riboto veiksnumo instituto reglamentavimo teisės aktų pakeitimus, taip pat aptariama teisnumo ir veiksnumo samprata. Be to, straipsnyje analizuojamos naujasis riboto veiksnumo institutas bei jo reglamentavimo ypatybės.The article talks about a person’s civil capacity limitation of the institutes’ new regulation. These changes have been stimulated by the international legislations, such as the Convention of the United Nations on the disabled human rights. Convention was declared in 2006, the 13th of December with the goal to encourage, protect and ensure the ability to use all of the human rights and the fundamental freedom fully by all the disabled people, as well as promoting respect for their inherited dignity. The convention was ratified in Lithuania in 2010, the 27th of May. After this convention has been ratified, the need to reform the legal system of Lithuania, in order to even the legal system of Lithuania to the provisions enshrined in the convention. That was done in 2015, the 26th of March. In the former civil legal capacity limitation of the institutes’ regulation, which was valid until the ratification of the convention, there have been a number of shortcomings. The fundamental human rights were limited by the institute’s regulation. In case a person was declared incapable, he could not accomplish any legal actions personally, his appointed tutor had to do it for him. Since the new legal system regulation has changed, a person can not be considered completely incapable, because that can be done only in a certain country or an area. Therefore, in this way the human rights are less restricted - one can perform legal actions in scopes, in which he retains full capacity. The new regulation brings innovations to the legal system of Lithuania, such as assistance contracts for making decisions and prior reference. Assistance contract for making decisions allows one to choose a person, who would help him to accomplish his legal actions in a specific area, in which he does not understand the meaning of his actions or can not control them. Pre-order allows one to specify, how it should be dealt with his property and non-property rights, in case the person would be recognized as declared incapable in the future