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The exercise of legal capacity. Commentary on law 8/2021, of June 2.

Law 8/2021, of 2 June, reforming civil and procedural legislation to support persons with disabilities in the exercise of their legal capacity, is one of the main Spanish legislative reforms of the last 40 years, since the 1981 reform. Based on the adaptation of state law to Article 12 of the New York Convention of 13 December 2006, the reform represents a paradigm shift in the exercise of capacity, now legal, as it encompasses the capacity to act. With the disappearance of judicial incapacitation, the participation of the person with disabilities in the new configuration of support measures gives preference to voluntary measures (notarial) and de facto guardianship over judicial measures, except for the legal guardian, who is a common figure in all support measures in the event of a conflict of interests. Representative measures will be the last option. The preferences, wishes and evolution, if any, of the person with a disability should be followed and he/she should be involved, whenever possible, in the decisions. All measures adopted until 3 September 2021: guardianships, conservatorships, preventive powers of attorney or exemplary substitutions will lapse in the transitional period. Of particular interest are the conflict rules in interregional and international law. The monograph presented here, with an obvious practical focus, is aimed primarily at notaries, who are facing a major change in their function, but also at registrars, judges and public prosecutors, lawyers, as well as civil society in general. Professionals and citizens will have to know and apply such a transcendental law in state and autonomous civil law, which has yet to be developed except for Decree/Law 19/2021 of Catalonia, which adapts procedural legislation based on the assistance provided by the law. The author, a Notary Public in Madrid and Academic Member of the Royal Academy of Jurisprudence and Legislation of Spain, has extensive experience in Private and International Law, which enables her to identify the problems of application and transitional nature of the Law, thus providing this commentary on the reform with great practical usefulness.

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