Post by account_disabled on Jan 17, 2024 17:44:49 GMT 10
De facto custody is understood as that condition held by people who, de facto, assist another without having been judicially appointed to do so . Traditionally, this figure has been governed based on doctrine and by reference to what is stated regarding guardianship in our Civil Code, lacking detailed and precise legal regulation. Based on the reforms introduced by Law 8/2021 , the legislator de facto grants guardianship a more stable condition, favored by the dejudicialization brought about in the field of support for people with disabilities. However, the reform continues to raise dilemmas regarding its accreditation , causing notable legal uncertainty. Summary I. Historical evolution and legal nature of the figure of de facto guardianship. II. Law 8/2021 and the.
change brought about in the figure of de facto guardianship. III. Problem of accreditation of de facto custody. I. Historical evolution and legal nature of the figure of de facto guardianship. The protection of people with disabilities has been the subject of legal regulation based on judicial appointments, such as guardianship, conservatorship or judicial defender. However, it has been common for pe Whatsapp Number List ople, de facto, to be responsible for the aid and assistance of others without having been judicially appointed to do so. This situation is commonly known as “de facto guardian,” a figure that had traditionally been governed by doctrine and by reference to what was stated regarding guardianship in the Civil Code (CC). Traditionally, the legislator did not consider this institution as one of the pillars on which the protection of people with disabilities should be built. This, despite the fact that it is the most used form of support to assist older people with an intellectual or physical disability.
that prevents them from governing themselves. In this sense, at the legislative level, Law 13/1984, of October 24, relating to the reform of the Civil Code on Guardianship matters, introduces for the first time the normative regulation of de facto custody in its articles 303, 304 and 306. However, at that time, this figure was not recognized as a protection institution comparable to guardianship or curatorship, which made its defense and recognition difficult. The legislator did not consider this institution as one of the pillars on which the protection of people with disabilities should be built. (Photo: E&J) The legal consideration of guardianship in fact undergoes a notable change due to the reforms introduced by Law 8/2021, no longer being perceived as a figure of a provisional nature and granting it the status of a more stable institution .
change brought about in the figure of de facto guardianship. III. Problem of accreditation of de facto custody. I. Historical evolution and legal nature of the figure of de facto guardianship. The protection of people with disabilities has been the subject of legal regulation based on judicial appointments, such as guardianship, conservatorship or judicial defender. However, it has been common for pe Whatsapp Number List ople, de facto, to be responsible for the aid and assistance of others without having been judicially appointed to do so. This situation is commonly known as “de facto guardian,” a figure that had traditionally been governed by doctrine and by reference to what was stated regarding guardianship in the Civil Code (CC). Traditionally, the legislator did not consider this institution as one of the pillars on which the protection of people with disabilities should be built. This, despite the fact that it is the most used form of support to assist older people with an intellectual or physical disability.
that prevents them from governing themselves. In this sense, at the legislative level, Law 13/1984, of October 24, relating to the reform of the Civil Code on Guardianship matters, introduces for the first time the normative regulation of de facto custody in its articles 303, 304 and 306. However, at that time, this figure was not recognized as a protection institution comparable to guardianship or curatorship, which made its defense and recognition difficult. The legislator did not consider this institution as one of the pillars on which the protection of people with disabilities should be built. (Photo: E&J) The legal consideration of guardianship in fact undergoes a notable change due to the reforms introduced by Law 8/2021, no longer being perceived as a figure of a provisional nature and granting it the status of a more stable institution .