The annulment of the legal acts of the disabled person

Authors

Keywords:

relative nullity, legal acts, disabled people, discernment, will, juridical capacity, support measures.

Abstract

As a consequence of the ratification of the Convention on the Rights of Persons with Disabilities, the decree-law 19/2021 of 31 August has adapted the Catalan civil code aiming at promoting autonomy and respect for the wishes and preferences of disabled people. The disability affecting a person’s volitive capacity is no longer a reason to deprive her of contractual capacity but to provide her with the necessary support measures for the full exercise of their legal capacity on an equal footing with the rest of the people. The goal of this paper is to analyse the new Catalan legal system for challenging legal acts conducted by disabled persons, supported or not by an assistant, focusing on the newly reformed article 226-5 CCCat, whose wording, given its simplicity and shortness, requires high hermeneutic efforts. Legitimation to challenge and limitation periods are also analysed.

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Published

2025-05-16

Issue

Section

Studies