A propósito de la reforma de la legislación española en materia de capacidad jurídica : la voluntariedad como nota esencial del apoyo

2020

In September 2018, the Spanish Government launched a deep reform of our civil legislation, which will mean a profound change of the traditional regulation of legal capacity. This article focuses on a specific aspect of the proposed reform: the possibility of establishing support measures for the exercise of legal capacity against the explicit will of the person. Firstly, the article examines whether the Convention on the Rights of Persons with Disabilities authorizes involuntary support measures; the conclusions obtained from this examination allow, then, to assess from this point of view the compliance with the Convention of the projected reform.