Modification of civil and procedural legislation within the scope of people with disabilities
This law modifies various laws among which the following reforms stand out.
Modification of the Civil Code are the basis of the new system based on respect for the will and preferences of the person with disabilities, which informs the entire norm and is extrapolated through the other legal modifications to the rest of civil legislation and theprocedural.
The title XI of the first book that goes on to sign "of the support measures to people with disabilities for the exercise of their legal capacity" is written, so that the idea that presides over the new regulation is not the disabling, orThe modification of the capacity, but the capacity is inherent to the person and cannot be modified, but the proper and proportional support must be given to those who need it.
The figure of the guardian is reinforced in fact, which becomes a legal support institution instead of a provisional situation when it is sufficient and adequate.It is expected to obtain judicial authorization for the specific case, when the guardian must perform a representative action, without the need to open a general procedure for support provision.
The reform regulates in detail the curatela, which is the main measure of support of judicial origin for people with disabilities, with a mainly care character.
The guardianship, parental authority is also eliminated from the scope of disability, the parental authority rehabilitated.When the minor with disabilities reaches the age of majority, the necessary support will be provided just like any adult who requires them.This means that guardianship is reserved for minors who are not protected through parental authority and the complement of capacity required by emancipated for the exercise of certain legal acts will correspond to a judicial judicial defender.
The figure of the judicial defender is collected, in particular, for those situations in which the usual support figure cannot intervene or there is conflict of interest between this and the person with disabilities.
Reform of the Voluntary Jurisdiction Law introduces, among other modifications, the new file for the provision of judicial measures to support people with disabilities, when there is no opposition, as well as to make the necessary adjustments so that there is no discrepancy between the various textslegal regarding the appointment of the Judicial Defender of Minors or people with disabilities.It may promote the file of provision of judicial support measures, the Fiscal Ministry, the interested person, his spouse not legally or legally separated or who is in an assimilable event, and his descendants, ascendants, or brothers.
The procedure for the accountability of the tutor (for the minor) or curator (for the person with disabilities) is modified, so that it is only necessary to appear before the judge when an interested party requests it, avoiding the proliferation of views.However, the court is allowed ex officio, at the expense of the patrimony of the guardian or assis technique.
Civil Procedure Law introduce the adjustments required by the adaptation to the Convention in the exercise of the actions of determination or challenge of the affiliation, in the procedures of separation and divorce and in the procedure for the division of inheritance.
If you have a winch on your jeep you Better Fuckin Know How to use it when i’m in a sticky situation.
— emmet Thu Dec 17 04:26:58 +0000 2020
Among other modifications, adaptations and adjustments are regulated in the procedures in which people with disabilities participate, regardless of whether they do so as part or in a different one and that will be carried out in all phases and procedural actions in whichis necessary, including communication acts.Additionally, it is expressly mentioned that the person with disabilities will be allowed, if you wish and at their expense, be worth an expert professional who as a facilitator performs adaptation and adjustment tasks.
The art reform stands out.756 LEC, which establishes that in the cases in which, according to civil legislation, the appointment of curator is relevant and opposition has been formulated in the prior file of voluntary jurisdiction or when the file could not be resolved, the processes ofAdoption of judicial measures to support people with disabilities will be governed by the provisions of said chapter.
Other standards- Mortgage Law: The precepts related to incapacitation are modified and the book of incapacitated is suppressed.LH Art is also eliminated.28, since it protects very residual assumptions compared to the damage caused by the succession of collateral and strangers and traffic disturbance, generating antieconomic situations.
- Civil Registry: It is modified by constituting a fundamental part of the system.Support measures will access registration as data submitted to the restricted advertising regime for reasons for respecting the fundamental rights of the person with disabilities, their intimacy and the protection of their personal data.
- Criminal Code: They are modified in civil liability derived from the criminal illicit when such responsibility falls on a person other than the author of the criminal act, to adapt it to the new regulation.
- Commercial Code: Any reference to people with disabilities with support measures is eliminated by considering it unnecessary.
- Notaries Law: It adapts to the new system that approves this law.
- Ley de protección patrimonial de las personas con discapacidad: Adapta su regulación al cambio de paradigma que introduce esta reforma.
Law 8/2021, of June 2, which reforms civil and procedural legislation for supporting people with disabilities in the exercise of their legal capacity (EDL 2021/18738).
Muchas graciasTu solicitud ha sido registrada correctamente, revisa tu email para acceder al contenido solicitadoSi quieres acceder a todo este contenido sin restricciones solicita ahora una demostración gratuita de El Derecho Internet MementosLo sentimos mucho.Has excedido el número de peticiones de información disponibles.Sending
Descargar contenidoEnter your name, email address and download content
Muchas graciasTu solicitud ha sido registrada correctamente, revisa tu email para acceder al contenido solicitadoLo sentimos mucho.Has excedido el número de peticiones de información disponibles.Sending
Solicita una demostración gratuitaHello! You have consumed the total free consultations you had available
If you want to access more content, request a free demonstration by completing the following form:
