Interdiction and disqualification

In the case of adults who cannot provide for their own interests, the law provides:

  • the interdiction procedure for subjects who, due to illness or for other reasons, find themselves in habitual (permanent) conditions of insanity such as to make them totally unable to provide for their own interests. A guardian is then appointed to look after the interests of the disqualified person.
    For the adult who, despite being mentally ill, but whose mental state is not so severe as to give rise to the ban, is disqualified. Through this procedure, the subject can carry out on his own the acts that do not exceed the ordinary administration while for the acts of extraordinary administration (for example: sale of a property; stipulation of a mortgage) must be assisted by a curator (and, sometimes , also be authorized by the tutelary judge). A regime similar to that applicable to the disabled applies to a minor who was authorized to marry before the age of eighteen.
  • In any case in which patrimonial acts relating to minors or in any case to incapable ones have to be carried out, the subjects who assist or administer the assets of the incapable, must pay the utmost attention to behave in compliance with the law. It may happen, for example, that commitments are undertaken in the name and on behalf of incapable subjects in a way that does not comply with the law: these are illegal and dangerous behaviors as they not only do not bind the incapable subject towards the third party, but expose the subject representative with precise and serious responsibilities both towards the incapacitated and towards the third party.