Atti personalissimi e funzioni del potere rappresentativo

This thesis is aimed at an organic review of the traditional category of cc.dd. personal acts performed through the exegesis of the notion of ability to act, and particularly regarding the existential legal situations of the aged unable. The investigation was stressed by the consideration that a constitutionally-oriented civil law system should put in place the means to promote and develop the personality of even the most vulnerable subjects, with the aim of enhancing differences in diversity, diversity and respect for the full development of the human person (for example, artt. 2 and 3 Cost.). It has not been possible to see that greater attention to the incapable subject, its needs and aspirations has undoubtedly inspired the most recent legislation (L. 6/2004) and the jurisprudence choices more certainty, which, by identifying sometimes more distinct forms of self-determination, seemed to contribute in a variety of ways to one and the other factor, to a radical evolution of the very notion of inability, from essentially "static" to process, so say, "dynamic" prodromic to the acquisition of full capacity and hence of the complex of rights and obligations that necessarily pertain to it. In this perspective, it has also been attempted to make a contribution in clarifying the compatibility regime between the strictly personal subjective legal situations typical of the personal acts and the institute of the necessary or legal representation; in other words, I have been questioning the predictability of a mechanism such as the legal substitution of borders - indeed rather labile - left unchanged from the system of protection generally provided by the law for the care of the incapable. Alongside a general study, a special part was developed to analyze three specific cases: the consent to the medical act and the theme of the living will (the recent L. 219/2017); marriage and the crisis of the conjugal relationship; the acquisition of citizenship for the alien incapable.