Freiheit und Fürsorge: Der Mensch als Rechtsperson

How can freedom and self-determination be realized within and by the law if somebody is in fact unable to decide for himself? In a comparative and thorough analysis, Volker Lipp shows how various institutions of private law perform this task in different ways. He discusses the many forms of incapacity and substituted judgment, including guardianship, and develops an integrative concept that is of significance not only for German law but also for the discussion on European private law. Against this background, a legal representative of an adult who is incapacitated has to establish the autonomy of the adult concerned in relation to others as well as in relation to the state in case he has not made provisions himself.