The impact of the new system for the protection of people with disabilities in the regime of community of property. Apropos of the Law 8/2021 of 2 June

Abstract

The Civil Code reform produced by Law 8/2021, of 2 June, substantially change the community property regime as regards the legal transfer to the management of community property to one of the spouses and the dissolution of the community of property (articles 1387 y 1393, respectively). These modifications are based on the figure of the curatorship with faculties of full representation, which is one of the support measures that introducing the said reform in favour of persons with disabilities. This work focuses on the review and study of all those changes that the Law 8/2021 inserts in the community of property and which are specific to the adaptation process of the old rules to new supports system introduced by the Convention on the Rights of Persons with Disabilities. But, prior to that, some general topics of the reform are addressed to establish the relationship between disability, curatorship and community of property.