Consideraciones sobre la capacidad jurídica versus capacidad de ejercicio tras los nuevos cambios legislativos: criterios jurisprudenciales

Abstract

The new law 8/2021 of June 2 continues to distinguish the exercise of legal capacity, speaking of complement of capacity, support in its exercise, representative guardianship, assistance. All people are worth, but each one in a different way. It has gone from incapacitation to support. The classic distinction between capacity to act and exercise is unified in legal capacity and its exercise through the people who exercise the support. It is about answering a series of questions: Does the ownership of rights imply an exercise of action? Is legal capacity exercised by anyone? Does the ability to act disappear? Do we speak of a capacity complement? What do the support measures imply?