Capacidad jurídica de las personas con discapacidad relacionada con los actos y contratos notariales.

Abstract

The project is focused on the legal capacity of people with disabilities related to notarial acts and contracts. It should be noted that notaries are obliged to verify the legal capacity of those who intervene in the acts, documents and contracts that they authorize; however, there are shortcomings to determine it when people with psychosocial disabilities intervene. For this purpose, theoretical methods were used, both synthetic analytical and deductive inductive, as well as empirical methods involving documentary analysis, interviews and comparative law analysis in order to base an improvement in line with the determination about the legal capacity of people. With psychosocial disabilities who have not been declared injunctions. Within the analysis compared to the Mexican, Colombian and Spanish regulatory framework, it was possible to know that in each one rights are guaranteed, but nevertheless there are limitations in the treatment to determine their legal capacity in the celebration of acts and contracts, which is delimited to its declaration or not as injunctions. In accordance with the provisions in Mexico, where it is allowed to grant wills to incapacitate people in lucid periods, the comments of the interviewees and the evaluation of the national and foreign regulatory framework, a reform of the Notarial Law was designed aimed at applying for the card. of disability to people with psychosocial disabilities not injunctions for the celebration of acts and contracts before notaries, proceeding if their qualification is less than 50%, including the intervention of medical specialists as a major evidentiary way.