The Problems in will Expression in Civil Law Transactions and Healthcare in Case of Capacity of Individuals

Abstract

The expression of each individual’s will is one of the important rights. This freedom is protected by human rights. In legal systems the expression of the central positions of the will of individuals is protected. In civil law transactions as well as in health care individuals have specific and complicated rights to express their will. And the problematics of it comes from that capacity issue. The rights to expression, rights to liberty ect. are recognized as the basic rights of each individual, of each member of the society. The protection of the expression of the individual’s will is significant moment from the international as well as national point of view. A significant aspect and more sensitive is the protection of incapable person’s rights, for instance, in civil law transactions and healthcare matters in legal framework. The key challenge for the protection of those rights is to find the balance between capable and incapable persons’ rights protection in the case of will expression in particular matters.

Keywords: legal capacity, decision, treatment, willpower, civil law