Responsibility of the psychiatric hospital for action

Abstract

Under the Mental Health Act, a psychiatric hospital may, in certain cases, admission a patient without his consent. In justified situations, even direct coercion may be applied to make this admission. In my opinion, this competence should be treated as the exercise of public authority by a psychiatric hospital, because in a one-sided ruling manner it defines the rights and obligations of such a patient. Consequently, for any damage caused by this acceptance should be liable under Art. 417 k.c. or art. 4172 k.c. There is no basis for such a deep interference in basic human rights that does not qualify as the exercise of public authority.