Determination of capacity, principles and processes

Abstract

The issue with juridical capacity is a very extensive topic. We can question ourselves when it is acquired or when it is lost. With the incorporation of the international conventions in matters of disability, we begin to ask ourselves other kinds of questions. When is it limited? Why is its exercise limited? Is it possible to establish any limits? And many other questions that deserve an answer. But, as usual, these answers in the world of civil laws, escape the norm. This work aims to delve on the main problems of the determination of the capacity, taking into account the new paradigm that was imposed from the reform of the civil code.