JURISPRUDENTIAL ANALYSIS OF THE LEGAL SYSTEM OF THE AUTOTUTELAGE: THE ARTICLES 223 AND 234 OF THE CIVIL CODE
Keywords:
AUTOTUTELAGE, AUTONOMY OF THE WILL, JURISPRUDENCE, CAPACITY TO ACT, INCAPABILITY, DEGENERATIVE ILLNESSES, NOTARIAL PUBLIC DOCUMENTAbstract
The Law 41/2003, of the November 18th of Patrimony Protection of the Personas with disability and amendment of the Civil Code, the Law of Civil Procedure and the Tributary Regulation with this purpose, along with the regulation of the protected patrimony, it has modified in several aspects the current legislation, in order to attend the vital needs -not only the economic ones- of the persons with disability. Between these modifications there occupies an out-standing place the autotutelage, which has been introduced into the legal system through a few minimal reforms to the Civil Code, in particular, in the articles 223 and 234. In this place, I am going to deal with the legal limits of this figure, attending especially to the contribution of the Jurisprudence.