A necessary analysis ot the operation of the support measures after three years of validity of Law 8/2021, of June 2 (Part 2)

Authors

  • Ana Isabel Berrocal Lanzarot Profesora Contratada Doctora (acreditada a profesora Titular) de Derecho Civil en la Universidad Complutense de Madrid.

DOI:

https://doi.org/10.36151/rcdi.2024.805.07

Keywords:

person with a disability, support measures, will, autonomy, de facto custody, conservatorship, power of attorney or preventive mandates, judicial defender, assistance, representation, compatibility measures, control and safeguards

Abstract

After almost three years of Law 8/2021 being in force, it is necessary to carry out a critical-legal analysis of the reform to verify its implementation and operational development. To this end, it seems appropriate to carry out a study of the applicability of the different support measures for the exercise of the legal capacity of the person with disabilities during the aforementioned period of time, their treatment, legal implication in their various functions and legal regime and, the interrelation or application compatibility of the different support measures. Let us not forget that a process of review of the sentences handed down prior to the aforementioned reform has been carried out and, after it, judicial resolutions have also been issued that have involved their implementation and the verification or not of the necessary adaptation of the regulations to the practical reality that arises from their application.

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Published

2024-11-14

Issue

Section

JURISPRUDENTIAL STUDIES

How to Cite

A necessary analysis ot the operation of the support measures after three years of validity of Law 8/2021, of June 2 (Part 2). (2024). Critical Review of Real Estate Law, 805, 2741-2808. https://doi.org/10.36151/rcdi.2024.805.07