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January
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Legal capacity and mental Illness
in Legal Advice
In the legal system of the Republic of Croatia, there is no direct statutory definition of legal (business) capacity. Instead, the Obligations Act defines legal capacity as a person’s ability to create legal effects through their own declaration of will, and it provides that legal capacity is acquired upon reaching the age of majority. Legal capacity therefore represents the foundation for independent participation in legal transactions. However, in the case of persons with mental illnesses or other impairments affecting their ability to reason, the question arises as to the extent to which they are able to make legally valid decisions. Deprivation...
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