Civil laws in Spain in the light of the United Nations Convention on disability. Special reference to Aragonese civil law: an adaptation conditioned by the reform of the state private legal system?

Abstract

Spain’s ratification of the United Nations Convention on the Rights of Persons with Disabilities implies the need to adapt our internal law. In particular, civil law must be adapted to the well-known art. 12 of the Convention. The doctrine tends to focus its attention on the accommodation of the Civil Code, but it must be taken into account that the obligation to reconsider the existing regulation lies both with the State legislator and, where appropriate, with the territorial legislators. This research examines the adaptation of civil rights in Spain: the Civil Code and territorial civil rights, with special reference to Aragonese civil law. It also addresses the potential impact of the reform of the state private legal system on the adaptation of the Aragonese norms as a consequence of the problems of harmonization that might otherwise exist.