Children with disabilities and the visiting arrangement, communication and stays after the reform of Art.94 in the spanish civil code

Authors

  • ESTHER TORRELLES TORREA

Keywords:

Disabled persons; visiting arrangement; right to a hearing; the best interests of the disabled person; wills, desires and preferences of the disabled person

Abstract

The establishment of a visiting regime after a marital crisis has a new approach in Art. 94 CC when there are children of legal age with disabilities. It was a legal lacuna that case law was filling in, either by establishing an analogy with minors or disabled persons, or by requiring the initiation of a process of incapacitation in which such visits would be provided for. The new Art. 94 CC grants a special role to the person with a disability, since with the help of support, if necessary, it is intended to take into account his or her will, wishes and preferences.

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Published

2022-06-30

How to Cite

Children with disabilities and the visiting arrangement, communication and stays after the reform of Art.94 in the spanish civil code. (2022). Critical Review of Real Estate Law, 791, 1387 a 1441. https://revistacritica.es/rcdi/article/view/628