Zvērināta notāra pienākums novērtēt rīcībspēju cilvēkiem ar garīga rakstura traucējumiem

Abstract

This article focuses on the legal obligation of notaries to assess the capacity of persons before concluding a notarial act. In particular, it examines how legal doctrine and case law reveal the procedure for complying with this obligation in Latvia, focusing on the possible challenges of assessing the capacity of persons with mental disabilities. The German legal framework concerning this topic is also addressed. The key idea proposed by the article is that compliance with the obligation should not be declaratory, thereby jeopardising the protection of mentally disabled persons in a legal transaction. It is necessary to establish a mechanism for the assessment of capacity to act in order to ensure that the obligation to assess capacity is implemented in a consistent manner.