Legal nature of non-contentious acts in respect of persons with disabilities

Abstract

The discussion on the legal nature of voluntary jurisdiction is neither new nor can it be considered closed. The aim of this paper is to study the legal nature - and the constitutional implications that this entails - of the voluntary jurisdiction exercised in respect of people with disabilities. The question is approached from some of the most classic categories of procedural law in order to reach the conclusion that, constitutionally, the legislator is not legitimised to attribute competences relating to persons with disabilities to legal operators other than judges.