Perspectives and Problems Arising in the Establishment of Guardianship as a Measure of Judicial Protection

Abstract

In this article we propose to make an analysis and evaluation of some aspects related to the application of legislation regarding the establishment of judicial protection measures, the grounds, forms and principles of judicial protection, in order to protect the rights and legitimate interests of the persons placed under protection. We will pay particular attention to the principle of respecting the wishes and feelings of the person concerned when establishing and implementing measures to protect, in this case, the incapacitated adult, the concerns of the international community in terms of protection based on the past and present wishes and feelings of the person concerned. The regulation of the procedure for the establishment of protective measures is the internal competence of the state, so that each state has its own treatment of this aspect. We will make recommendations for further research in the field of civil procedure for the establishment of judicial protection measures. UDC: 347.64(478)