Drunk driving: Code of Civil Procedure
Introduction
Person which is in a total state of drunkenness, or under the alienating influence of certain toxic drugs, you cannot use their reason correctly, the acts or contracts made in such a state lack validity due to lack of due knowledge. When a person usually incurs states of drunkenness or decrease or deprivation of reason, through the use of narcotics or other toxic drugs, the same reduced mental capacity, the balance of personality is altered, and is after a whilevery difficult to distinguish the state of him:
With respect to customary and drug addicts, follow the rules indicated in that title. In the Code of Civil Procedure are these articles: ART: 761: Consutuarium drunks will be placed in civil interdiction, which will be governed by the provisions provisions to the interdiction of the dissipators, as necessary. In any case, the curator attends, by himself, to the subsistence of the drunk;And he will be reduced to a house of temperance, whenever possible and necessary.
Developing
Art.762: drug addicts, or others that usually use narcotic substances, are assimilated to customary drunks for interdiction and more provisions of the previous. In this case, the judge dictates the interdiction available in a specialized public or private social assistance center for treatment and rehabilitation.
He is the person who has absolutely lost intelligence and acts different from other normal people;In the insane there is a decrease in the faculties higher than the consequence of the destructive and progressive lesions of the cerebral cortex due to trauma, brain tumors, alcoholism, epilepsies, toxicomanias in general.
True dementia implies loss of all its intellectual and volitive faculties of memory, especially to remember recent facts because there is no capacity to concentrate. It is notorious that the insane has the loss of affectivity that is replaced by complete indifference. Art.478: The adult in the usual state of dementia, which must be deprived of the administration of their property, although we have lucid intervals.
Art.479: When the child has reached puberty, the father or mother can continue to take care of his person and property until the age of majority;arrival which we have to cause the interdiction trial. Art. 480: The student’s tutor cannot lose the curatorship without the preceding judicial interdiction, except for the time that is necessary to provoke the interdiction.
Art.481: It can cause the interdiction of the same people who can cause the dissipator. The minor’s tutor must cause it to whom dementia ensues during the guard. But if the madness was furious, or if the madman causes remarkable discomfort to the inhabitants, he can also cause the interdiction whatever the authority or the person of the canton.
Art.482: The judge will inform the previous life and usual conduct of the alleged insane, and will hear the optional opinion of his trust, about the existence and nature of dementia. But you cannot decree the interdiction without personally examining the defendant, through conductive interrogations in order to discover the state of their reason. To the spouse if there is no marital separation. But the spouse will have the right to accept or repudiate this guard, and in case of not accepting it, he may request the liquidation of the conjugal society;to the descendants of him;Ascendants;And, to his collaterals, to the fourth grade, or his brothers.
Parents will not exercise this position, without the consent of the other spouse. The judge will choose, at home of those designated in numerals 2,3,4, the most suitable person. To the lack of the aforementioned people, the dative curatorship takes place. Art. 487: The insane will not be deprived of his personal freedom, but in the case of the sea, using it, he damages himself, or causes danger or remarkable discomfort to others. It cannot be transferred to a psychiatric hospital, nor enclose it, tied, only at the time of the curator application, or any person of the people, to obtain judicial authorization for any of these measures.
The deaf and dumb lives isolated from the world that surrounds and obviously the caregiver of a sense that puts in relation to others, his knowledge is very limited and his legal personality must be supplied by another person, this is for a curator. It should be emphasized that many times to deafness, a very low intellectual coefficient is joined that allows him to learn to read, write, with which thought, understanding and will are marked atrophied.
Art.490: The curatorship of the deaf person who cannot realize in a verbal, written or sign language, which has reached puberty, can be testamentary, legitimate or dative. Art. 492: fruits of the property of the deaf person, which cannot realize in a verbal, written or by signal league and if necessary, and with judicial authorization, the capitals, are especially used in their condition and procure convenient education.
Art. 493: Curatorship will cease when the deaf person has become able to understand and realize in a verbal, written or sign language, if it requests it and has enough intelligence for the administration of their property;on which the judge will take the competent reports. To begin, it is exercised with respect to people, it is only goods, the indicated, respects of which the administration is exercised.
This is depressed the curator of goods does not exercise any representation of the person, as could be the absent, since this can really be in full enjoyment of his faculties, there will be no reason that there is disability with respect to him. Art.508: the curator of goods of an absent person;curator of an inheritance;the curator of the eventual rights that is to be born, have had subjects in the administration of him to all the obstacles of the tutors or curators;They are also prohibited from executing other administrative acts that those of mere custody and conservation, the requirements for the collection of the credits and payment of the debts of their representatives represented.
There are several species of curatorships of goods: 1. of the absent;two. of the inheritance and the inheritance;3. of the posthumous son;4. of the debtor that is hidden. • Assets curatorship: of the absent. Art.494.- In general, the designated curator of the assets of an absent person will have place when the following circumstances meet:
- That he does not separate from his whereabouts, or that at least he has ceased to be in communication with his lack of communication, serious damages originates from the same absent or third parties;
- That has not constituted attorney, or has only constituted for special things or businesses.
Art. 495.- You can cause this access to the same people who are admitted to provoking the interdiction of the dissipator. In addition, the creditors of the absent right of law, to request that the assets be cuited, so that it corresponds to their demands. Art.496.- They can be appointed for the user’s assets curators.484, and observe the same order of preference between them.
The judge may, however, separate from this order, a request from the legitimate heirs or the creditors, if deemed convenient;He can appoint more than one curator, divide the administration among them, the case of large goods, located in different cantons. Art. 498.- If the absent has left spouse, what will be prevented for this case will be observed with the title of the conjugal society. To ask that the goods be cuited, so that it corresponds to their demands.
Art.496.- They can be appointed for the user’s assets curators.484, and observe the same order of preference between them;The judge may, however, separate from this order, a request from the legitimate heirs or the creditors, if deemed convenient;He can appoint more than one curator, divide the administration among them, the case of large goods, located in different cantons.
If the absent has left spouse, what will be prevented for this case will be observed with the title of the conjugal society. To ask that the goods be cuited, so that it corresponds to their demands. Art.496.- They can be appointed for the user’s assets curators.484, and observe the same order of preference between them;The judge may, however, separate from this order, a request from the legitimate heirs or the creditors, if deemed convenient.
Art. 498. If the absent has left spouse, what will be prevented for this case will be observed with the title of the conjugal society. Separate from this order, a request from legitimate heirs or creditors, if deemed convenient;You can appoint more than one curator, divide the administration among them, the case of large goods, located in different cantons.
Art. 498.- If the absent has left spouse, what will be prevented for this case will be observed with the title of the conjugal society. Separate from this order, a request from legitimate heirs or creditors, if deemed convenient;You can appoint more than one curator, divide the administration among them, the case of large goods, located in different cantons. Art. 498.- If the absent has left spouse, what will be prevented for this case will be observed with the title of the conjugal society.
conclusion
You can appoint more than one curator, divide the administration among them, the case of large goods, located in different cantons. Art. 498.- If the absent has left spouse, what will be prevented for this case will be observed with the title of the conjugal society. They can be appointed for the user’s assets curators.484, and observe the same order of preference between them.
The judge may, however, separate from this order, a request from the legitimate heirs or the creditors, if deemed convenient;He can appoint more than one curator, divide the administration among them, the case of large goods, located in different cantons. Art. 498.- If the absent has left spouse, what will be prevented for this case will be observed with the title of the conjugal society.
They can be appointed for the user’s assets curators.484, and observe the same order of preference between them;The judge may, however, separate from this order, a request from the legitimate heirs or the creditors, if deemed convenient;He can appoint more than one curator, divide the administration among them, the case of large goods, located in different cantons.
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