La interdiction is the state de inability which involves the sujeto the realization of legal acts by itself, needing for this a representative, whether the person who exercises the homeland power, when one is less de edad or a tutor when there is a lack of Parents and grandparents and also in the /// of the incapable elderly.
Like a sentences by which a Tribunal civil, after haber checked the state de alienation mental of a person, deprives her of the administration their goods. This sentences implies the opening of the protection of the sujeto a interdiction.
Causes of interdiction are:
El article 489 del Code Civil law, points out that the Most de edad that is located in a state of imbecility, alienation mental or insanity, must estar sujeto a interdiction, although that one state present periods of lucidity.
- Imbecility, considered as the deprivation of intelligence that incapacitates the person all with exercise his or her derechos By herself.
- Dementia, consisting of the deprivation of intelligence due to madness or idiocy.
Now carefully, for these elements to justify the declaration of interdiction is required:
That lack development or alteration of the intellectual faculties is very serious, if imbecility is only weakness of spirit, if madness is only mania, it is not appropriate decree la interdiction, which allows judges to limit themselves to appointing a adviser to person Cuya interdiction is requested.
That the state of madness, when it is subject to intervals, be at least the state usual of the person.
Who can apply for it?
El right to promote the interdiction does not belong in principle, but to the members of the family, without embargo It is also granted to Ministry Public, in that order, may demand the declaration of interdiction:
- El spouse of the alienated. The spouse retains its right even after the separation of bodies, since their existence subsists condition de husband, and this is what enables him to sue the interdiction.
- The relatives of the insane person. law does not make any distinction between these, you must recognize this right to all without distinction, both those furthest away and those closest, without exceeding the twelfth degree, beyond which the relationship it does not produce effects the legal basis.
None hierarchy has been established among relatives. All may apply concurrently for the interdiction without being able to oppose the person who does so, the existence of relatives closer than him, who do not request it.
Children can ask la interdiction their ParentsThis action It is not contrary to the legal obligation that article 371 imposes on everyone to keep, whatever their edad, honor and respect for them.
Nothing says the law on the affines, from which it follows that the relatives by affinity they do not have right all with ask la interdiction, not even those of the closest degrees, the son in law and daughter-in-law, parents-in-law or brothers-in-law.
- El ministry public. Out of the family, the right all with ask la interdiction belongs only to this one official, principle When the insane person has no known relatives, nor spouse.
En Santo Domingo, Dominican Republic we have the team of lawyers more complete and effective to advise you on issues Law Civil law. To who Carlos Felipe Law Firm SRL. We offer you a session of legal advice accurate and timely. To evaluate your /// Call us at 829 256 6865 or write to us at info@fc-abogados.com, You can also chat with us here if you wish.
