Author/Editor     Metelko, Janez
Title     Pravna relevantnost izjave volje
Type     članek
Source     In: Flis V, Reberšek-Gorišek J, Rijavec V, et al, editors. Medicina in pravo: izbrana poglavja: 2001, 2002, 2003. Maribor: Splošna bolnišnica Maribor,
Publication year     2004
Volume     str. 251-8
Language     slo
Abstract     The will represents one of the most impartant legal facts in the field of civil law. lt is the basic precondition for the possibility of establishing and realising civil law relations. The legally relevant will has to be expressed by a person with business capacity. When in litigation there is the question of the bussiness capacity of a person or a defective intention, the courts of justice establish legally relevant facts on this also by the help of experts from the medical field. These proceedings establish the psychophysical state of the partiers at the legally relevant moment, (i.e. their mental state at the time they wrote the will). Based on the obtained expertise and the opinion, the judge maker legal conclusions on the party's business and intention capability or the validity of his or her legal actions, respectively.
Descriptors     MENTAL COMPETENCY
VOLITION
FORENSIC MEDICINE
EXPERT TESTIMONY