Supports And Disability After A Year And A Half Of Law 8/2021

  • Manuel Ángel de las Heras García Universidad de Alicante

Abstract

In this paper we address the main novelties incorporated into the Spanish legal system by Law 8/2021, of June 2, which modifies civil and procedural legislation to support people with disabilities in the exercise of their legal capacity (LAPD ) in order to acclimatize to the provisions of the United Nations International Convention on the Rights of Persons with Disabilities, trying to delimit the concept of «person with disabilities» and also showing whether or not the reform operated dispenses with the previous ones. jurisprudential postulates on the matter. We end our analysis by referring to the legal regime of both de facto guardianship (informal support measure) and that of guardianship and judicial defender based on the most recent doctrinal and jurisprudential criteria after only the first year and a half of validity of the LAPD.

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Published
2023-04-13