Del sistema paternalista de la patria potestad prorrogada y rehabilitada al sistema de apoyo en relación al hijo mayor de edad con discapacidad. Debate en torno a la subsunción del cuidado en la arquitectura de las medidas de apoyo: a propósito de la SAP de Cantabria de 14 de febrero de 2022
The purpose of this paper is to analyse some of the reforms produced in Family Law by Law 8/2021, of 8 June, reforming civil and procedural legislation to support people with disabilities in the exercise of their legal capacity. In order to achieve this goal, we will analyse the modifications produc...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8536415 |
| Source: | Revista Boliviana de Derecho, ISSN 2070-8157, Nº. 34, 2022, pags. 198-251 |
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| Summary: |
The purpose of this paper is to analyse some of the reforms produced in Family Law by Law 8/2021, of 8 June, reforming civil and procedural legislation to support people with disabilities in the exercise of their legal capacity. In order to achieve this goal, we will analyse the modifications produced in marital crisis processes when there is a disabled child in the marriage. We will then analyse the similarities and differences between concepts such as guardianship and de facto guardianship when the object of such institutions is a child with disabilities, raising the debate as to whether the duty of care falls within the architecture of support measures. Finally, we will try to provide a criterion for the resolution of those conflicts that arise when, having reached the age of majority, both parents wish to exercise support measures in the exercise of their legal capacity |
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