Citas bibligráficas
Dávila, A., (2023). CCXXVII Pleno del Tribunal Registral, Análisis del debate sobre el sistema de apoyos y salvaguardias [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/25521
Dávila, A., CCXXVII Pleno del Tribunal Registral, Análisis del debate sobre el sistema de apoyos y salvaguardias []. PE: Pontificia Universidad Católica del Perú; 2023. http://hdl.handle.net/20.500.12404/25521
@misc{renati/17297,
title = "CCXXVII Pleno del Tribunal Registral, Análisis del debate sobre el sistema de apoyos y salvaguardias",
author = "Dávila Alvarez, Alejandra",
publisher = "Pontificia Universidad Católica del Perú",
year = "2023"
}
This paper refers to the debate held in the CCXXVII Plenary of the Registry Court, with the purpose of carrying out a comparative analysis between the current national regulations and those prior to the year 2018 regarding people with severe neurological disabilities diagnosed at birth; and on the other hand, an analysis of the requirements that are applicable to them for the disposition and affectation of assets in Peru in the patrimonial field. The objective is to demonstrate how the current figure of supports and safeguards, even when whoever is designated as support from a judge may have powers of representation, is insufficient to protect certain rights of this group of people, such as these patrimonial rights. For this reason, there is an urgent need to grant legal representation to the supports and to establish procedural facilities that allow a person with a severe neurological disability diagnosed at birth to have the possibility and necessary assistance to dispose of and/or affect their assets in order to safeguard their well-being and specific needs. Finally, the reason for the aforementioned modification, which derives from the social model of disability, will also be evaluated, relying on the national and international relevant doctrine, to later establish the formalities to dispose of and affect assets in Peru and the difficulties and consequences for this group of people and their environment when it comes to safeguarding their rights and their integral well-being
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