Modernisation of Spanish Civil Law pursuant to the Proposal of the General Drafting Commission and Law 8/2021 to support persons with disabilities
- ISBN: 9788411637480
- Editorial: Editorial Aranzadi
- Fecha de la edición: 2023
- Lugar de la edición: Pamplona. España
- Colección: Estudios
- Encuadernación: Rústica
- Medidas: 24 cm
- Nº Pág.: 186
- Idiomas: Inglés
The aim of this work is twofold. On the one hand, it aims to pay tribute to the work of the General Drafting Commission that was able to outline a valuable and avant-garde proposal for modernising the Spanish Civil Code. On the other hand, it seeks to provide a legal resource in English to enable scholars from other legal systems to study this legislative proposal and understand the development of civil law in Spain. To this end, the translated text of the proposal is included as part of this work. Moreover, this study is rounded out with the analysis of a piece of legislation that has undoubtedly provided Spanish civil law with the greatest boost it has experienced in recent times. This is Law 8/2021 of 2 June that reformed civil and procedural legislation to support people with disabilities in the exercise of their legal capacity. This text is included to provide a more comprehensive overview of the evolution of Spanish civil law. Finally, these work is aimed to provide a useful legal resource to make Spanish law visible in the global academic community
1 INTRODUCTION
2 MODERNISING CIVIL LAW: BENCHMARKS TO BE TAKEN INTO ACCOUNT
2.1. Pan-European initiatives for the harmonisation of private law
2.2. Proposals for improving the law on obligations and contracts
3 PRESENTATION OF THE PROPOSAL FOR THE PRELIMINARY DRAFT OF THE LAW ON
THE MODERNISATION OF THE LAW ON OBLIGATIONS AND CONTRACTS OF THE GENERAL DRAFTING COMMISSION
3.1. Proposal for the preliminary draft of the law on the modernisation of the law on
obligations and contracts
4 LEGAL STUDY ON THE ADAPTATION OF THE CIVIL CODE TO THE PRINCIPLES OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
4.1. Introduction
4.2. Legislative background
4.3. The challenge of adapting civil law to the principles of the CRPD: the Spanish experience
5 TEXT OF THE SPANISH CIVIL CODE AS AMENDED BY LAW 8/2021 OF JUNE 2,
REFORMING CIVIL AND PROCEDURAL LEGISLATION TO SUPPORT PERSONS WITH DISABILITIES IN THE EXERCISE OF THEIR LEGAL CAPACITY. “REFORMA LA LEGISLACIÓN CIVIL Y PROCESAL PARA EL APOYO A LAS PERSONAS CON DISCAPACIDAD EN EL EJERCICIO DE SU CAPACIDAD JURÍDICA"
