Abstruse aspects of the incapacity of enjoyment

Abstract

A widespread thesis, which began in the fifth decade of the XX century in Romania, states that the Law can be authorised to limit the capacity of enjoyment of a natural person.  We reject, out of principle this conclusion, because the personality of the human being is not a (mere) legal artefact but (more so), an inborn characteristic.

Any limitation of one's abilities to enter into a contract can be explained through the concept of incapacity of exercise, without any loss for our legal system. We also made some remarks concerning Law no 17/2000, which establishes a civil protection measure concerning capable adults, which is impossible to defend taken into account the rules of legal capacity.