A review from the doctrine and jurisprudence of the make a will of people with the capacity judicially modified and with disabilities

Abstract

The legal system adopts a plurality of formulas designed to strengthen the positive freedom of testing, autonomy, can materialize for a person to decide in a conscious and free way the destiny he wants to give to his heritage. Therefore, the greater the freedom of testing (negative freedom) the more demanding you should be with your freedom to test (positive freedom). In these lines, dedicated to «testamentifacción», two principles pro capacitate and favor testamenti, guarantee that the presumption of capacity can only be distorted by the unequivocal and undoubted proof of its lack.