La Convenzione dell'Aja sulla protezione degli adulti nella prospettiva della ratifica italiana

Translated title of the contribution: [Autom. eng. transl.] The Hague Convention on the protection of adults with a view to Italian ratification

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] 1. The Hague Convention of 13 January 2000 on the international protection of adults: object and state of ratifications. - 2. The special relationship of the 2000 Convention with the Convention of 19 October 1996 on the protection of minors. The material coloring of the two instruments. The pre-eminent interest of the adult and today's legal paradigm of disability. - 3. Peculiarities of the protection of adults in relation to that of minors. - 4. The scope of the 2000 Convention. - 5. It follows: the notion of "adult" and the kind of vulnerability considered by the Convention. - 6. Next: the concept of "protection" and the excluded materials. - 7. It follows: the applicability of the Convention to international situations only and the delimitation of the effects of the uniform regime by reason of the connection of the case with one or more Contracting States. - 8. Follows: the temporal scope of the Convention. - 9. Relationship between the Convention and other adult protection instruments. - 10. The discipline of jurisdiction: structure and general characteristics. - 11. Next: the "main" forum of the habitual residence of the adult. - 12. Follows: the concrete identification of the habitual residence and the importance to be given to the illegitimate transfer of the protected adult. - 13. Continued: corrections to the functioning of the main forum in relation to refugees, displaced persons and persons whose habitual residence cannot be determined. - 14. The subsidiary competence of the state of adult citizenship and the state of property situation. - 15. The transfer of competence according to the best realization of the adult interest. - 16. The subsequent attribution to authorities of several Contracting States of the competence to provide for the same adult. - 17. Urgent and 'exceptional' provisional measures with limited territorial effectiveness. - 18. Return to the question of the "geographical" conditions of applicability of the uniform regime of jurisdiction. - 19. The discipline of conflicts of laws: the basic rule that prescribes the systematic application of the lex fori in the exercise of the jurisdiction attributed by the Convention. His temperaments. - 20. Conflicts of laws relating to the powers of representation conferred by an adult in anticipation of a loss of autonomy. - 21. Follows: cautions provided by the Convention on behalf of the represented and third parties. - 22. The necessary implementing rules and the limit of public order. - 23. The effectiveness in the Contracting States of the measures taken in one of them. - 24. Follows: forced execution. - 25. Cooperation between authorities. - 26. The certificate attesting the qualities and powers of those who represent or assist the adult. - 27. The proposed Italian ratification of the Convention: main implications of such a development. - 28. Follows: the questions raised by the prospect of the implementation of the conventional discipline in the Italian legal system and by the coordination of the same with the common rules.
Translated title of the contribution[Autom. eng. transl.] The Hague Convention on the protection of adults with a view to Italian ratification
Original languageItalian
Pages (from-to)748-814
Number of pages67
JournalRIVISTA DI DIRITTO INTERNAZIONALE
Volume98
Publication statusPublished - 2015

Keywords

  • Diritto internazionale privato
  • Private international law
  • Protection of adults
  • Protezione degli adulti

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