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Deputyship (Switzerland)
Deputyship is a Swiss legal instrument that replaced guardianship (, ) in adult protection law on 1 January 2013. It enables the officially ordered legal representation of a person of legal age who lacks the capacity of judgment. The regulation of deputyship of minors in child protection law is set out in Art. 327a-c of the Swiss Civil Code, which came into force on 1 January 2013. The provisions of adult protection law, namely on the appointment of the deputy, the management of the deputyship and the involvement of the adult protection authority, apply ''mutatis mutandis ''Mutatis mutandis'' is a Medieval Latin phrase meaning "with things changed that should be changed" or "once the necessary changes have been made", literally: having been changed, going to be changed. It continues to be seen as a foreign-origin ...''. Types of deputyships Since 1 January 2013, a distinction has been made between three different types of deputyship and the general deputyship. The previous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Switzerland
Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland is geographically divided among the Swiss Plateau, the Swiss Alps, Alps and the Jura Mountains, Jura; the Alps occupy the greater part of the territory, whereas most of the country's Demographics of Switzerland, 9 million people are concentrated on the plateau, which hosts List of cities in Switzerland, its largest cities and economic centres, including Zurich, Geneva, and Lausanne. Switzerland is a federal republic composed of Cantons of Switzerland, 26 cantons, with federal authorities based in Bern. It has four main linguistic and cultural regions: German, French, Italian and Romansh language, Romansh. Although most Swiss are German-speaking, national identity is fairly cohesive, being rooted in a common historical background, shared ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Instrument
Legal instrument is a law, legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.''Barron's Law Dictionary'', s.v. "instrument". Examples include a wikt:certificate, certificate, deed, Bond (finance), bond, contract, will (law), will, legislative act, Act (document), notarial act, court writ or process, or any law passed by a competent legislative body in domestic or international law. Many legal instruments were written Seal (contract law), ''under seal'' by affixing a wax or paper Seal (emblem), seal to the document in evidence of its legal execution and Authentication, authenticity (which often removed the need for consideration in contract law). However, today many jurisdictions have done away with the requirement of documents being under seal in or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Guardian
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward's housing or medical care or manage the ward's finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward. Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. Guardians are typically used in four situations: guardian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ward (law)
In law, a ward is a minor or incapacitated adult placed under the protection of a legal guardian or government entity, such as a court. Such a person may be referenced as a "ward of the court". Overview The wardship jurisdiction is an ancient jurisdiction derived from the British Crown's duty as '' parens patriae'' ("parent of the nation") to protect his or her subjects, and particularly those unable to look after themselves. In the United Kingdom and other Commonwealth realms, the monarch as ''parens patriae'' is parent for all the children in their realms, who, if a judge so determines, can become wards of court. However, the House of Lords, in the case of ''Re F (Mental Patient: Sterilisation)'', held that the monarch has no ''parens patriae'' jurisdiction with regard to mentally disabled adults. A court may take responsibility for the legal protection of an incapacitated person as well a minor, and the ward is known as a ward of the court or a ward of the state. In Australia, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Swiss Civil Code
The Swiss Civil Code (SR/RS 210, ; ; ; ) is a portion of the second part (SR/RS 2) of the internal Swiss law ("Private law - Administration of civil justice - Enforcement") that regulates the codified law ruling in Switzerland and relationship between individuals. It was first adopted in 1907 (effective since 1 January 1912). It was largely influenced by the German civil code, and partly influenced by the French civil code, but the majority of comparative law scholars (such as K. Zweigert and Rodolfo Sacco) argue that the Swiss code derives from a distinct paradigm of civil law. History and influences Adopted on 10 December 1907 (and is thus formally known as the ''Swiss Civil Code of 10 December 1907''), and in force since 1912. It was created by Eugen Huber, it was subsequently translated in the two other national languages (at the time Romansh was not official) by Virgile Rossel and Brenno Bertoni for French and Italian, respectively. The Civil code of the Republ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mutatis Mutandis
''Mutatis mutandis'' is a Medieval Latin phrase meaning "with things changed that should be changed" or "once the necessary changes have been made", literally: having been changed, going to be changed. It continues to be seen as a foreign-origin phrase (and thus, unnaturalized, meaning not integrated as part of native vocabulary) in English and is therefore usually italicized in writing. It is used in many countries to acknowledge that a comparison being made requires certain obvious alterations, which are left unstated. It is not to be confused with the similar ''ceteris paribus'', which excludes any changes other than those explicitly mentioned. ''Mutatis mutandis'' is still used in law, economics, mathematics, linguistics and philosophy. In particular, in logic, it is encountered when discussing counterfactuals, as a shorthand for all the initial and derived changes which have been previously discussed. Latin The phrase '—now sometimes written ' to show vowel length—do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child And Adult Protection Authority (KESB)
A child () is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The term may also refer to an unborn human being. In English-speaking countries, the legal definition of ''child'' generally refers to a minor (law), minor, in this case as a person younger than the local age of majority (there are exceptions such as, for example, the consume and purchase of alcoholic beverage even after said age of majority), regardless of their physical, mental and sexual development as biological adults. Children generally have fewer Children's rights, rights and responsibilities than adults. They are generally classed as unable to make serious decisions. ''Child'' may also describe a relationship with a parent (such as sons and daughters of any age) or, Metaphor, metaphorically, an authority figure, or signify group membership in a clan, tribe, or religion; it can also signify being str ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
