La capacidad jurídica de las personas con capacidades especiales : intelectual, psicológica o psicosocial, en los actos notariales.

Abstract

This research aims to carry out a critical and legal study, focusing on the legal regulations in Ecuador, and systematize the doctrinal, jurisprudential and normative assumptions regarding the consent of people with intellectual and psychosocial disabilities, and propose a reform to the Civil Code, and Notarial Law, proposing a special legal regime for the appearance of people with this type of disability. Based on the bibliography consulted and the interviews carried out with judges and notaries in Ecuador, it was determined that in Ecuadorian legislation there is a guarantee system that aims at the effective protection of rights, imposing the pro hominem principle in all administrative and Likewise, this new scheme has made vulnerable groups visible, such as people with mental, psychological and psychosocial disabilities and has highlighted the shortcomings of Ecuadorian legislation on the issue of disabilities, since it has been legislated only in the field of social assistance, which implies a kind of discrimination by not considering other aspects of the life of this group of people other than the simple survival and satisfaction of basic needs. But the advancement of rights forces civil legislation to make rectifications and inclusion of new figures that tend in a more effective way to the recognition of the rights of people with mental, psychological and psychosocial disabilities, adapting the regulations to the particularities of their condition.