What Constitutes a Person Who Has Lost Civil Act Capacity?

1. What is civil action?

A civil action is the act of an individual, legal entity, and other entities within property relations and non-property personal relations related to property relations aimed at generating, changing, or terminating civil rights and obligations. A civil action is manifested in the form of action or inaction.

2. How to determine a person as lacking civil act capacity

Article 22 of the Civil Code 2015 provides for the loss of civil act capacity as follows:

- When a person, due to mental illness or other illnesses, cannot perceive or control their acts, upon the request of a person with related rights and interests or a relevant authority, organization, the Court issues a decision declaring this person as lacking civil act capacity based on the conclusion of a forensic psychiatric examination.

When there is no longer a basis to declare a person as lacking civil act capacity, upon the request of that person or of the person with related rights and interests or of a relevant authority, organization, the Court issues a decision to annul the decision declaring the loss of civil act capacity.

- Civil transactions of a person who lacks civil act capacity must be established and performed by their legal representative.

Thus, the determination of a person as lacking civil act capacity will be based on the conclusion of a forensic psychiatric examination and be declared by the Court.

Therefore, in your case, there is not enough basis to conclude that this person is lacking civil act capacity.

Respectfully!