Legal Capacity in Peruvian Law. Qualitative Analysis of Court Ruling of Restitution on Legal Capacity and Designation of a Support Person under the Framework of the Legislative Decree 1384

Lazarte R.A.B.; Caycho R.A.C. · Revista de Derecho Privado (2023) · DOI: 10.18601/01234366.44.02

Resumen

In order to fulfil its obligations under Article 12 of Convention on the Rights of Persons with Disabilities, on 2018, Peru reformed its Civil Code. Through this reform, Peru abolished guardianship and created a system of supports and safeguards. Within three years after the Reform, this paper hypothesizes that, the change is not real since substitute decision-making remains as the rule. For that, the paper systematizes and analyses the judgments on support appointments in order to determine its compatibility with international standards.

Instituciones: Pontificia Universidad Católica del Perú