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La capacidad jurídica en la convención sobre los derechos de las personas con discapacidad: una reflexión entorno al cambio de paradigma en la doctrina clásica y el formalismo jurídico
| Content Provider | Semantic Scholar |
|---|---|
| Author | Pidiache, Zamir Molina |
| Copyright Year | 2015 |
| Abstract | This article reflecting trends evidence of the doctrine concerning the recognition of legal capacity to act of persons with mental disabilities in the Convention on the Rights of Persons with Disabilities in 2006. For this purpose is divided into three chapters; the first dedicated to the exhibition of the theoretical postulates about the legal capacity in the classical doctrine (Ex., that emerged in Roman law in which the mentally disabled are unable to work), the second in charge of the description the amendments made to the Convention under the social model provided by the doctrine and the third in charge of the reflection of the implications of such recognition in the realization of the right. There is about a phenomenon known by the doctrine as "legal formalism" which is political recognition of rights which in practice do not really exist and therefore can not really be protected by the judicial authorities. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repository.ucatolica.edu.co/jspui/bitstream/10983/2684/1/La%20capacidad%20%20jur%C3%ADdica%20en%20la%20Convenci%C3%B3n%20sobre%20los%20derecos%20de%20las%20personas%20con%20discapacidad.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |