Implementation of article 12 of the un convention on the rights of persons with disabilities in the Republic of Peru

Moreno More C.E. · Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD): Private and Criminal Law Aspects (2023) · DOI: 10.4324/9781003463016-25

Resumen

The Peruvian legal system contains a regulation of legal capacity that follows rather a particular concept of it. If it is compared to some European legal systems, such the German, Italian or Polish systems, the scope of legal capacity regulation in the Peruvian legal system is much greater. For the aforementioned foreign legal systems, legal capacity begins at birth, hence legal capacity is a concept consubstantial to that of legal personality, in the sense that only the person (natural or legal) has legal capacity. On the contrary, in the Peruvian legal system, legal capacity begins, not with birth, but with conception. Article 2.1 of the Political Constitution of Peru provides that 'the conceived is a subject of law in everything that favors him'. The concept of legal capacity, which under the Peruvian legal system is called enjoyment capacity, is understood as the suitability or aptitude to be a holder of legal relationships.

Instituciones: Pontificia Universidad Católica del Perú