Question juridique clé
Whether a guardianship based on mental weakness is lawful when the mental disorder results from chronic alcohol abuse
Solution extraite
No. If the mental illness is not the cause but the consequence of chronic alcoholism, a guardianship under Art. 369 ZGB is based on an ভুল application of law and must be lifted, if the remaining requirements point to Art. 370 ZGB.
Motifs extraits
The legal basis for protection must match the actual cause of incapacity. Where alcoholism is the relevant source of the need for protection, the case must be assessed under the specific alcoholism provision, not under mental weakness.