La familia ante un laberinto de situaciones adjetivasdiscapacidad, dependencia, baremos, OMS y CIE-11 ( La persona y el nuevo sistema de apoyos a su capacidad jurídica : notas definitorias, claves y soluciones )

Abstract

European and international public policies have led to a radical shift in the treatment of the traditional consideration of the different adjective situations of the person. Again the subject, the person and his personality, triumph over the substantiation of their temporary or definitive circumstances. However, we have to define basic notions for the application, as far as Civil Law is concerned, of some succession figures, as well as the support system provided for by Law 8/2021. This work elucidates when we are facing disability, what it consists of and differs from the subjective right of citizenship, in order to air the institutional application provided for in the New Fourth Additional Provision of the Common Civil Code. At the same time, we have to specify and differentiate what will be the circumstance that demands the applicability of the person’s support system. Moreover, as a direct consequence, the interpretation of the controversial «legal capacity» dictated by article 12 of the NNUU Convention of persons with disabilities of 2006. All this, in coherence with the public policies promoted by the OMS and the UE