Conventions on the rights of children and on the rights of persons with disabilities and their projections regarding the civil regulation of legal capacity

Abstract

The civil regulation of legal capacity has been transformed by the conventions on the rights of the child and on the rights of persons with disabilities. In this paper we investigate the projections of these changes in three aspects: the tension between autonomy and protection, the transformations in relation to representatives and support-decision making systems, and the overflow of the civilian notion of exercise capacity associated with legal acts. The Argentine legal system is taken as an example for the analysis and conclusions are made regarding the possibility of a common regulation.