La protezione degli adulti nel diritto internazionale privato

Translated title of the contribution: [Autom. eng. transl.] The protection of adults in private international law

Research output: Book/ReportBook

Abstract

[Autom. eng. transl.] With the increase in the average age of the population, the number of people who suffer from more or less severe forms of cognitive impairment increases and experience a loss of autonomy in relation to this. In the face of situations of vulnerability of this kind (and those, equally characterized by a limited autonomy of the person, connected to other pathologies, to brain traumas etc.), the state legal systems prepare variously configured protection measures, implying the more often than not the designation of a subject - support administrator, guardian etc. - in charge of assisting the interested party in carrying out certain acts or certainly replacing him in the negotiating activity. The increased mobility of individuals across borders increases the likelihood that situations such as those just described will be characterized by elements of internationality. The book addresses the issues that arise in this scenario - the identification of the competent judge and the applicable law, the recognition of foreign decisions, the cooperation between administrative authorities of different States - illustrating the answers provided to them by the rules of private international law and procedural currently applicable in Italy. The survey aims to establish whether these rules are consistent in all their aspects with the values underlying the rules on the fundamental rights of people with disabilities - today an unavoidable reference to evaluate the strategies adopted by States in relation to vulnerabilities of this type - and if they are able to ensure the full realization of those rights also in transnational situations. In this perspective, the discipline examined is compared with the solutions accepted in the Hague Convention of 13 January 2000 on the international protection of adults, which Italy, despite having signed over four years ago, has so far failed to ratify.
Translated title of the contribution[Autom. eng. transl.] The protection of adults in private international law
Original languageItalian
PublisherCEDAM
Number of pages290
ISBN (Print)9788813333201
Publication statusPublished - 2012

Keywords

  • Diritti umani
  • Diritto internazionale privato
  • Disability
  • Disabilità
  • Human rights
  • Private international law
  • Protection of adults
  • Protezione degli adulti

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