DOES THE GUARDIANSHIP CONSTITUTES AN ADEQUATE SYSTEM SUPPORT AFTER NEW YORK CONVENTION? JURISPRUDENTIAL POSITIONING

Abstract

The Supreme Court of Spain states that the Spanish regulation referred to legal incapacity can be applied and interpreted according to NY Convention, given that it have proper legal instruments of guardianship, curatorship and specially protected heritage. However, we believe that the NY Convention has left these old instruments of care for the disabled and has replaced them by a system of targeted support that can differ in their character, extent and intensity. It is true that curatorship has the function that could be allocated to the implementation of specific support, especially when the Spanish legislation has not yet been adapted to the guidelines and principles of the NY. Convention. However, it does not seem correct to maintain judicial incapacitation own institutions openly clash with the mandates of the Convention.