Capacidad jurídica de las personas con discapacidad intelectual en actos de disposición.

Abstract

The present investigative work is oriented to analyze the legal capacity and the power of disposition of people with intellectual disabilities, making it clear that the guarantor current of the Constitution has a wide field of protection on the rights of people with disabilities, however It is not enough when it comes to exercising ownership of said rights, since there is a legal vacuum when executing legal acts and the indisputable contradiction between the Ecuadorian civil code and international conventions. It is necessary to mention that the Ecuadorian Constitution and international instruments offer equality, the legal capacity of the person is recognized and the acquisition of goods and services is guaranteed, they promote economic independence, but our Civil Code establishes who are incapable and through a process of interdiction limits the will of the rights holder. The State is called upon to protect rights, but it is also obliged to provide norms, regulations, and/or processes that allow public officials (judges, notaries) to perform their functions without causing harm to rights or any type of discrimination against people with disabilities. disability.