INVALIDITY OF LEGAL TRANSACTIONS CARRIED OUT BY PEOPLE WITH DISABILITIES

Varsi-Rospigliosi E.; Cieza Mora J.N. · Actualidad Juridica Iberoamericana (2025)

Resumen

People with disabilities are capable; they can enter into legitimate agreements and contracts with other parties, which includes their ability to express their will. A topic of special interest is the expression of will in legal acts carried out by people with disabilities and how these acts can be affected on the grounds of nullity in the absence of manifestation of will for contravening rules of public order, or for invalidity due to defects, or ineffectiveness due to a deficient act of the support. The validity of legal acts performed by people with disabilities is a complex issue that requires a serious and detailed study. It is necessary to study the relationship between the lack of discernment and the absence of will, making an analysis of discernment as a legal category to evaluate the effectiveness and validity of the negotiation. This research aims to establish theoretical criteria to be considered so that legal operators can have greater predictability in cases of contractual invalidity or ineffectiveness in acts performed by people with disabilities.

Instituciones: Universidad Nacional Mayor de San Marcos