Analisis de la reforma al código civil del término demencia por trastorno mental.

Abstract

The investigation focuses on analyzing the last reform of January 5, 2024, which came into force to the Civil Code in its articles 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 489, by replacing the word insane for mental disorder for the interdiction of a person. The need to establish what was the justification for changing the term from dementia to mental disorder, as well as through the analysis of doctrine, jurisprudence, comparative law, and sentences if within the causes to be able to declare a interdicted person, all diseases classified as mental disorders are now included. In the same way, it will be analyzed whether this change in terminology would violate legal certainty. During this investigation, a consultation will be proposed to the highest interpretation body, the Constitutional Court of Ecuador, so that, through binding jurisprudence, it can indicate whether the reform of the term dementia to mental disorder in the cause for the interdiction of a person increases the rates . of diseases considered as mental disorders to declare the prohibition of a person and its legal implications. Keywords: Civil Code, Dementia, Mental disorders, capacity, disease