Amendment To The Law "on The Restored Republic Of Latvia In The 1937 Civil Law, Family Law, The Entry Into Force Of Part Time And Order"

Original Language Title: Grozījums likumā "Par atjaunotā Latvijas Republikas 1937.gada Civillikuma ģimenes tiesību daļas spēkā stāšanās laiku un kārtību"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/243907

The Saeima has adopted and the President promulgated the following laws: the amendment to the law "on the restored Republic of Latvia in the 1937 civil law, family law, the entry into force of part time and order" make law "on restoring the Republic of Latvia in the 1937 civil law, family law, the entry into force of part time and order" (Republic of Latvia Supreme Council and Government Informant, 1993, 22/23.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1998, no. 14; 2002, no. 22; Latvian journal, 2005, nr. 49) following amendment: to supplement the law with 21, 22, 23, 24, 25 and 26 of the article as follows: "article 21. From 13 February 2012, up to the date of entry into force of the amendments to the civil law, civil procedure law and family courts act on the person's capacity and the establishment of the custody of a disease (hereinafter referred to as the amendments to the law), the Court of Justice: 1) establishes a temporary guardianship pursuant to this law, 22, 23 and 24, the provisions of article; 2 suspending the proceedings on) things about the recognition of persons incapable of action and the establishment of guardianship, pursuant to article 25 of this law; 3 stop its existing litigation) cases or make judgment on the recognition of persons capable of action and termination of guardianship, pursuant to this law, the provisions of article 26. To the law for the entry into force of the amendments of the civil code, the code of civil procedure and rules of the law of family courts for the invalidation of the person incapable of action and the establishment of guardianship, as well as the recognition of a person capable of action and termination of guardianship are applicable insofar as they do not conflict with the provisions of this law, in article 22.-26. 22. article. The Court may take a decision on the establishment of temporary guardianship of the person and its possessions, if person a long illness or dementia due to lack of mental ability, it does not understand the meaning of their activity, the inability to independently exercise their rights and perform their obligations, and if it is done in the interest of the people and is the only way to protect the rights of the individual. Application to the Court for temporary custody of the establishment can be made to the same person, the child, the real brother, sister, parent, spouse or a public prosecutor. If by 2012 February 12 proceedings in cases of temporary guardianship is not established, a request may be submitted to the parties. Application to the Court for a temporary guardianship is submitted after the establishment of the civil procedure law of the jurisdiction specified in article 264. The application should indicate the extent of the guardianship. Application for interim custody of the establishment of the applicant is exempt from the payment of legal costs. 23. article. Application for temporary guardianship of the establishment of the Court in a closed hearing of the Civil Procedure Act 266. in accordance with the procedure laid down in article, no judicial expertise. The Court shall establish the temporary guardianship to the extent, in order to ensure the appropriate use of personal interest, knowledge and protect a person from the consequences of such activities, which it fails to understand and manage. Decision on the establishment of temporary guardianship takes effect immediately and remains in effect until another ruling in this matter or the final ruling in the case of the entry into force. Decision on the establishment of temporary guardianship to the family courts to be executed. Decision of the Court under the auspices of the provisional establishment of an ancillary complaint may be submitted. Next to the complaint shall not suspend the execution of the decision. 24. article. Temporary patron acting under the auspices of the existing interest of the person to the extent laid down by the Court. 25. article. In cases of recognition of persons incapable of action and the establishment of guardianship, the Court of Justice on temporary custody, establishes the law in article 22 and 23. The Court shall suspend the proceedings for recognition of a person incapable of action and the establishment of guardianship to the law for the entry into force of the amendments. A stay of proceedings is not an obstacle to the application for the establishment of temporary guardianship. In this case, the Court of Justice to restore the application processing time. After the entry into force of the amendment to the law court restores the proceedings on its own initiative, by the parties or the temporary guardian. Restoring the legal proceedings, the Court shall explain the rights of the applicant to amend the application of his subject matter and justification in the light of the amendments to the law. 26. article. Application for recognition of a person capable of action and termination of guardianship may be submitted to the Prosecutor, family courts, as well as the same person. The Court shall suspend the proceedings for recognition of persons capable of action and termination of guardianship to the law for the entry into force of the amendments, with the exception referred to in the third subparagraph. If on the basis of evidence the Court finds that the person understands the importance of its activities, the ability to independently exercise their rights, to carry out their duties and to ensure the protection of their interests, the Court shall make a judgment about the person's recognition and action capable of terminating the Trusteeship. The Court judgment in the enforcement of the code of civil procedure, art. 270 of the third and fourth part. The law concerned entry into force the proceedings for recognition of persons capable of action, and the termination of the guardianship court shall on its own initiative, by the parties or the temporary guardian. Restoring the legal proceedings, the Court shall explain the rights of the applicant to amend the application of his subject matter and justification in the light of the amendments to the law. " The law shall enter into force on 13 February 2012. The Parliament adopted the law in 2012 on February 2.
The President of the Parliament instead of the President s. Āboltiņ in Riga 2012 February 10.