EL ARTÍCULO 223.2.º DEL CÓDIGO CIVIL: LA AUTOTUTELA Y SU NECESIDAD EN NUESTRA SOCIEDAD.

Abstract

The possibility of making one's own guardianship provisions in the event of future incompetence was introduced into the Spanish Civil Code by Act 41/2003 on the protection of the assets of incompetent persons, which amended, inter alia, sections 223, 234 and 239 of the Spanish Civil Code. I therefore feel it advisable to take an unhurried look at certain aspects of guardianship provisions, such as: the reasons why our Civil Code disallowed guardianship provisions until recently; the very concept of making one's own future guardianship provisions; the concept's background; the legal nature and foundations of guardianship provisions; the provision-maker's capacity to take legal action; the provision-maker's future incompetence; the requirements of form; the contents of the guardianship appointment provisions and the necessary publicity. The article ends with a number of brief conclusions.