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- Title
EL FIN DE LA INCAPACITACIÓN JUDICIAL DE LAS PERSONAS CON DISCAPACIDAD TRAS LA REFORMA PROCESAL DE LA LEY 8/2021.
- Authors
Gómez, Rocio Saadeh
- Abstract
Spain ratified the Convention on the Rights of Persons with Disabilities in 2006. Fifteen years later, an important procedural reform is carried out as a requirement of Article 12 of the Convention, which enshrines the principle of equal recognition of persons with disabilities before the law. This paper analyzes the most relevant amendments to the Civil Procedure Act and the Voluntary Jurisdiction Act that put an end to the system of substitution of the will of persons with disabilities in civil proceedings to make way for a system that guarantees the preferences of these persons. To this end, this paper reflects on whether the reform introduces the adjustments required to adapt to the Convention and achieve its main objectives.
- Subjects
SPAIN; NON-contentious jurisdiction; PEOPLE with disabilities; CIVIL procedure; DISABILITY laws; REFORMS
- Publication
Revista Vasca de Derecho Procesal y Arbitraje, 2021, Vol 33, Issue 5, p681
- ISSN
0214-7246
- Publication type
Article