Article 2590. Applicable Law for the Protection of an Adult Natural Person
(1) Measures for the protection of an adult natural person or someone who has otherwise legally acquired full capacity to exercise rights are subject to the law of the state where the person has their habitual residence at the time the protection measure is established.
(2) Exceptionally, to the extent necessary for the protection of the person, the competent authority may apply or consider the law of another state with which the legal situation has the closest connections.
(3) The existence, extent, modification, and termination of the powers granted by a person with full capacity to exercise rights, either through contract or unilateral act, for situations where they will be unable to manage their own interests, are subject to the law of the state where the person has their habitual residence at the time of concluding the contract or unilateral act. However, the person may choose one of the following laws:
a) the national law;
b) the law of a previous habitual residence;
c) the law of the state where the assets are located, with respect to measures for the protection of assets.
(4) Measures concerning the protected person or their assets are subject to the law of the state whose authorities guide and supervise the exercise of protection by the entitled persons.
(5) The lack of status as a representative or other person entrusted with protection, as determined under the applicable law for the protection of the person, cannot be opposed to a third party who, in good faith, relied on this status under the law of the place where the act was made, provided that the act was concluded between present parties and on the territory of the same state.
Adnotare:
Originea reglementării: art. 13 & 17 Convenția Haga nr. 35 privind ocrotirea internațională a adulților, din 13 ianuarie 2000