Incapacitation and real estate trading. A case study

Abstract

Motives: Incapacitation is presented in the literature as an important legal device for protecting the rights of the persons concerned. At the same time, in some cases (such as legal transactions with foreign countries), the legal consequences of incapacitation seem to be disproportionate to the protected interests. This overview aims to present a short case study that highlights the differences in the interests, possible views and demands of the parties in transactions involving real estate owned by incapacitated persons. Aim: To initiate a debate on the degree of necessary legal protection in transactions involving real estate owned by incapacitated persons, and to analyze in a discursive manner the jurisdictional, procedural, and socioeconomic dimensions of a single problem in a short case study. Results: Depending on the context, incapacitation can be both a form of protection and a difficulty in particular civil cases involving parties with limitations or residing in different jurisdictions.