RT info:eu-repo/semantics/bachelorThesis
T1 La capacidad de obrar del menor de edad.
A1 Pérez Suárez, Ananda
A2 Grado En Derecho
K1 Capacidad de obrar
K1 Capacidad natural
K1 Madurez
K1 Menor de edad
K1 Edad
K1 Interés superior del menor
K1 Capacidad progresiva
K1 Patria potestad
AB The regime of the capacity to act of minors has experienced a great change, as they were previouslyconsidered absolutely incapable and today a progressive capacity is recognised, depending on theirevolving understanding and will. There has also been a change in its determination since previously thetraditional objective criteria (age) was the main one, and now there is a tendency towards the use of asubjective criteria (natural capacity) to determine such capacity.Therefore, this study aims to reflect the current system of the legal capacity of minors as well as itsevolution. Therefore, first of all I will study the concept and its fundamentals in order to subsequently showthe different stages that our law has gone throught with the intention of reflecting the evolution that ourlegal system has undergone as a result of constitutional and international principles, and above all, theintroduction of the principle of the child´s best interest, which has meant a formidable advance in thismatter, making the age criteria more flexible to allow more and more acts to be carried out independentlyof age, as we will see in the paper. Finally, this work leads with the different treatment of the legal capacityin the field of health and in Aragonese law; also a brief note is introduced, updating the work after thereformo of the Civil Code by LO 8/2021 of 2 June, reforming civil and procedural legislation to supportpersons with disabilities in the exercise of their legal capacity, and LO 8/2021 of 4 June on thecomprehensive protection of children and adolescents from violence.
YR 2021
FD 2021
LK http://riull.ull.es/xmlui/handle/915/25674
UL http://riull.ull.es/xmlui/handle/915/25674
LA es
DS Repositorio institucional de la Universidad de La Laguna
RD 29-abr-2024