The legal capacity of persons with disabilities. Between the need for regulatory adjustment of argentine law and the danger of trivialization of its foundations

Abstract

The argentinian civil law have gone through a set of deep modifications product of the currents known as constitutionalization and humanization of the private law. One of the areas in which its influence is noticeable is the legal capacity of disabled persons. So, this work has as objective to corroborate the incidence of the CDPD over our common right; starting from the idea that the reorganization of the normative system came with the banalization of its fundaments. For the purposes of the study the periods between the passing of the Convention and the time of effect of the Civil Code and its later entry into the National Civic and Commercial Code. Because of that a first glance comparative analysis of national and international legislation. Following, the focus is put on certain judicial pronouncements corresponding to the same periods. It can be concluded from the study that a strong incidence of the international law on the argentinian common right, but no in its intended dimension both in text and application.