Impact of law 8/2021 on the law of obligations

Abstract

The new Law 8/2021 on people with disabilities implies a far-reaching reform in the Civil Code, the Mortgage Law and the Law of Civil Procedure, among other laws, in order to adapt our legislation to the New York Convention on rights of disabled people. However, our study focuses specifically on the field of the Law of Obligations, since some aspects of its content, considered from a broad perspective, have been modified, such as the capacity of one of the subjects of the payment (accipiens); tort civil liability; contractual capacity; as well as, based on the effectiveness and ineffectiveness of contracts, matters such as termination and, above all, the nullity of contracts, regarding which an ex novo and joint treatment is presented.

               In short, it is about analyzing the novelties introduced by Law 8/2021 and comparing them with the previous legislation as far as the Law of obligations is concerned.