{"id":5703,"date":"2017-02-14T13:35:55","date_gmt":"2017-02-14T11:35:55","guid":{"rendered":"https:\/\/www.crj.ro\/?page_id=5703\/"},"modified":"2018-04-04T14:31:49","modified_gmt":"2018-04-04T11:31:49","slug":"case-law","status":"publish","type":"page","link":"https:\/\/www.crj.ro\/en\/advocate-for-dignity\/mobile-legal-clinic\/case-law\/","title":{"rendered":"Case law"},"content":{"rendered":"

Within Mobile Legal Clinic, the cases taken over\u00a0focused on\u00a0the following:<\/strong><\/p>\n

Notification of deaths under Ordinance 1134 \/ C \/ 2000 and Law 8\/2016<\/strong><\/p>\n

Notification of deaths of beneficiaries from centers and institutions to judicial bodies for the autopsy is mandatory. Also, the law provides their notification to the Monitoring Council.<\/p>\n

________________________________________<\/p>\n

Case on the procedure of tutor change<\/strong><\/p>\n

Changing the legal tutor, like giving up the guardianship, involves a contentious procedure.<\/p>\n

________________________________________<\/p>\n

Case regarding the means of restraint<\/strong><\/p>\n

The Law on Mental Health provides certain conditions for restraints to be considered appropriate.<\/p>\n

________________________________________<\/p>\n

Case on the address of a resident mentioned in the identity card <\/strong><\/p>\n

Beneficiaries of a center who have no identity papers and live in social care or social care institutions must have their domicile under the address of the center which hosts them. This is achieved by a written statement from the management of the institution certifying the presence of the person in the institution concerned.<\/p>\n

________________________________________<\/p>\n

Case concerning the placement under interdiction of a resident<\/strong><\/p>\n

In the case of the placement under interdiction, the provisions of the Civil Code state that the public administration, e.g. the town hall, can become the tutor of the beneficiaries from the centers within the respective locality. However, this situation generates a conflict of interest between the guardianship authority and the tutor. Therefore, the law provides other options for the appointment of a tutor, in order to avoid conflict of interest.<\/p>\n

________________________________________<\/p>\n

Case regarding retirement and allowances of a beneficiary<\/strong><\/p>\n

Institutionalized, seriously disabled adults or their legal representatives cannot receive a pension as long as they are in residential institutions \/ centers that provide their full maintenance.<\/p>\n

________________________________________<\/p>\n

Case regarding retirement and allowances of a beneficiary<\/strong><\/p>\n

If the management of the residence center of the beneficiaries decides to retain money from their pensions in a higher percentage than before, they must explain why they did so and notify the beneficiaries and their relatives.<\/p>\n

________________________________________<\/p>\n

Case regarding contracts of employment of residents in centers <\/strong><\/p>\n

The files of residents who have a contract of employment must include both the contract and the termination agreement, if it is the case.<\/p>\n

________________________________________<\/p>\n

Case regarding tutor’s obligations to take care of the person placed under interdiction<\/strong><\/p>\n

When a person is placed under interdiction, his tutor has the obligation to represent him and conclude acts on his behalf.<\/p>\n

________________________________________<\/p>\n

Case regarding employer’s obligations related to occupational health<\/strong><\/p>\n

It is the employer who is required to request the medical examination, both when drawing up the contract of employment and during its execution.<\/p>\n

________________________________________<\/p>\n

Case concerning the acquiring of goods by succession<\/strong><\/p>\n

Tutors have to take steps to find information about the assets that the resident they represent is entitled to, as a result of the death of both of their parents.<\/p>\n","protected":false},"excerpt":{"rendered":"

Within Mobile Legal Clinic, the cases taken over\u00a0focused on\u00a0the following: Notification of deaths under Ordinance 1134 \/ C \/ 2000 and Law 8\/2016 Notification of deaths of beneficiaries from centers and institutions to judicial bodies for the autopsy is mandatory. Also, the law provides their notification to the Monitoring Council. ________________________________________ Case on the procedure…<\/p>\n","protected":false},"author":8,"featured_media":0,"parent":5689,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"_links":{"self":[{"href":"https:\/\/www.crj.ro\/en\/wp-json\/wp\/v2\/pages\/5703"}],"collection":[{"href":"https:\/\/www.crj.ro\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.crj.ro\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.crj.ro\/en\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/www.crj.ro\/en\/wp-json\/wp\/v2\/comments?post=5703"}],"version-history":[{"count":3,"href":"https:\/\/www.crj.ro\/en\/wp-json\/wp\/v2\/pages\/5703\/revisions"}],"predecessor-version":[{"id":6686,"href":"https:\/\/www.crj.ro\/en\/wp-json\/wp\/v2\/pages\/5703\/revisions\/6686"}],"up":[{"embeddable":true,"href":"https:\/\/www.crj.ro\/en\/wp-json\/wp\/v2\/pages\/5689"}],"wp:attachment":[{"href":"https:\/\/www.crj.ro\/en\/wp-json\/wp\/v2\/media?parent=5703"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}