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L'approche juridique du trouble mental

Abstract : The persons affected by mental disorders and illnesses, as persons given the legal personality, have rights. The mental illnesses and the intellectual deficiencies having incidences on the perception of the reality, the consciousness and/or the intellectual abilities of the person, entail inevitably consequences on the capacity to will or to decide. Taking this acknowledgement into consideration, the legislator has set up rules providing the protection of the person and of his goods, while respecting the person's autonomy. There are also legal provisions facilitating the autonomy of the disabled persons. Moreover, the change in judgment of the person has consequences on the person's civil and penal liability. Furthermore, as vulnerable person, the person affected by mental disorders and illnesses needs protection. In accordance with the principle of the respect of dignity, laws and regulations guarantee a specific protection of the body and of the person. Laws and regulations also cover the hospitalization under constraint required by the care of mental disorders.
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Submitted on : Monday, May 2, 2016 - 2:31:52 PM
Last modification on : Tuesday, May 28, 2019 - 11:38:02 AM
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  • HAL Id : tel-01310366, version 1


Sophie Guigue. L'approche juridique du trouble mental. Droit. Université Montpellier I, 2011. Français. ⟨NNT : 2011MON10062⟩. ⟨tel-01310366⟩



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