Jugement Kantonsgericht (VD - 2019/469)

Canton:	VD
Case number:	2019/469

Instance:	Kantonsgericht
Department:	Chambre des curatelles

Kantonsgericht Entscheid 2019/469 vom 02.07.2019 (VD)

Date:	02.07.2019
Force of law:	-

Summary:	Parents Z. and Q. appealed against the decision of the Justice of the Peace of Morges of 1 March 2019. The justice of the peace had incapacitated N., who suffers from a mental illness, and placed him under a guardian. The parents argued that N. was still capable of judgment and that incapacitation was not necessary. The cantonal court upheld the appeal and overturned the decision of the justice of the peace. N. is now capable of acting on his own again. More detailed summary: Parents Z. and Q. appealed against the decision of the Justice of the Peace of Morges of 1 March 2019. The justice of the peace had incapacitated N., who suffers from a mental illness, and placed him under a guardian. The parents argued that N. was still capable of judgment and that incapacitation was not necessary. They argued that N. was able to manage his own affairs and exercise his rights. The Cantonal Court granted the appeal
Rule of Law:	Art. 100 BGG;Art. 107 ZPO;Art. 229 ZPO;Art. 306 ZGB;Art. 317 ZPO;Art. 360 ZGB;Art. 361 ZGB;Art. 363 ZGB;Art. 365 ZGB;Art. 368 ZGB;Art. 416 ZGB;Art. 446 ZGB;Art. 450 ZGB;Art. 450a ZGB;Art. 450b ZGB;Art. 450d ZGB;Art. 450f ZGB;
BGE reference::	-
Comment:	Droese, Basler Kommentar Zivilgesetzbuch I, Art. 1; Art. 450 ZGB, 2018 Spühler, Basler Kommentar zur ZPO, Art. 321 ZPO ; Art. 311 ZPO, 2017

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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