The New Vices of the Will in Legal Acts Carried out by the Person with Disabilities

Varsi-Rospigliosi E. · Civilistica.com (2023)

Resumen

The person with disability has the right to take decisions with legal effects, but not always can express will being the support the one who will help them to comprehend the transcendence of their acts, accompanying them with the information, evaluation, decision and declaration. The manifestation of will of the person with disability is a decision making with collaboration, a situation sui generis in the theory of legal acts, that’s why the vices can be more evident when the will is more exposed. Cases should be foreseen in which the support does not fulfill their function of collaborate and interpret the manifestation of will in the way it ends up expressing one distinct of the real. The new regime of ability takes us to evaluate the new vices of will, like conflict of interests, the unfair advantage, and undue influence which affects the legal act. The safeguards are mechanisms of defense that can prevent alterations of will of the people with disabilities.

Instituciones: Universidad de Lima