The adaptation of the Civil Code of Catalonia to Law 8/2021, of June 2, which reforms civil and procedural legislation to support people with disabilities in the exercise of their legal capacity

Authors

  • JOAN CUADRADO SOLER

Keywords:

Civil Law, Inheritance Law, disability, guardianship, conservatorship, assistance, voluntary jurisdiction, support measures, United Nations Convention on the Rights of Persons with Disabilities, United Nations Committee on the Rights of Persons with Disabilities, adaptation, Civil Code of Catalonia

Abstract

Law 8/2021, of June 2, carries out a deep and very relevant, substantive, and procedural reform in the field of disability, fifteen years after the UN Convention, made in New York on December 13, 2006. This work analyzes the most significant changes introduced by this new norm, which modifies the Civil Code, the Law of Voluntary Jurisdiction, and the Law of Civil Procedure. Next, this work analyzes the Decree-Law 19/2021, of August 31, by which the Civil Code of Catalonia is adapted to the reform of the judicial procedure of the capacity operated by Law 8/2021, of June 2, in order to harmonize civil and substantive legislation, proper of Catalan Civil Law, to the new paradigm, with the intention of avoiding regulatory conflicts and contradictions that may cause legal insecurity.

Published

2022-04-30

Issue

Section

ESTUDIOS JURISPRUDENCIALES. SUCESIONES(2022-2026)

How to Cite

The adaptation of the Civil Code of Catalonia to Law 8/2021, of June 2, which reforms civil and procedural legislation to support people with disabilities in the exercise of their legal capacity. (2022). Critical Review of Real Estate Law, 790, 1166 a 1194. https://rcdi.tirant.com/rcdi/article/view/663