INCAPACITACIÓN Y DERECHOS PERSONALÍSIMOS

  • Posted on: 13 April 2015
  • By: Noelia Martínez

 

Como apuntábamos en la entrada anterior mediante la incapacitación judicial no limitamos los derechos del incapacitado sino que lo protegemos, es por ello, por lo que una persona incapacitada judicialmente no está limitada ni anulada como persona, sólo que necesitará para actuar una tutela de otra persona.

A pesar de esta afirmación habrá una serie de derechos llamados personalísimos, inherentes a la persona, en los que,  en algunos de ellos el tutor no tendrá que intervenir,  en otros intervendrá con la autorización del implicado y otros dependiendo de las facultades del incapacitado no será posible su ejercicio. Este tipo de derechos no son un número cerrado, pero los que más suelen ejercitarse son los siguientes:

 

      • Derecho a realizar testamento: para que un incapaz no pueda ejercer este derecho debe de estar previsto expresamente en la sentencia de incapacitación.
      • Derecho al voto: al igual que en caso anterior de nuevo deberá de estar previsto expresamente. En caso de que no lo haga el incapaz tendrá que hacerlo libremente sin la presencia del tutor.
      • Derecho al trabajo: será necesario cierto grado de entendimiento para que pueda firmar su contrato de trabajo, aunque el tutor tendrá que velar porque el contrato no tenga ningún defecto y su caso instar la anulación del mismo.
      • Derecho a contraer matrimonio: el incapaz tendrá que entender en qué consiste el matrimonio y sus implicaciones, y para ello se someterá a un dictamen médico antes de prestar consentimiento.
      • Derecho a la separación matrimonial: por analogía respecto al anterior si tiene derecho a casarse, tiene derecho a separarse. En este caso el tutor podrá previa autorización judicial iniciar la demanda de separación de su tutelado.
      • Derecho a la propia imagen: si posee capacidad natural para consentir sobre la utilización de su imagen, en caso de que no la tenga el tutor podría decir sobre esto.
      • Derecho a decidir no tener hijos: es decir derecho a la esterilización, este derecho suele ser muy conflictivo para las familias,  ya que tiene como efecto que el incapaz no pueda tener descendencia biológica. Al tratarse de una decisión con tanta trascendencia, ni el incapaz ni su tutor podrán decidir sobre ella, será necesaria autorización judicial.
      • Derecho a interrumpir el embarazo: no está previsto en el Ordenamiento Jurídico por lo que en la práctica, cuando el tutor valora que debe practicarse un aborto a su tutelada se realiza sin más.

 

Como vemos, la incapacitación está dirigida a proteger al incapacitado,  no  anula como persona al sujeto que pretendemos incapacitar, sino que son muchos los derechos sobre los que éste decidirá, sobre todo los que afecten a su esfera más íntima y personal. No dude en acudir a un profesional que le oriente en caso de que tenga un familiar sobre el que tenga dudas de si podrá regirse por sí sólo.

 

Comentarios

Have you ever thought about including a little bit more than just your

articles? I mean, what you say is important and all.

But just imagine if you added some great graphics or video clips to give your posts more, "pop"!

Your content is excellent but with pics and videos, this blog could undeniably be one of the very best in its field.

Excellent blog!

Visit my web site Susannah

I think the admin of this website is in fact working hard in favor of his website, since here every material is

quality based material.

Feel free to surf to my web-site Jaimie

Excellent website. Plenty of useful information here.

I'm sending it to some buddies ans additionally

sharing in delicious. And certainly, thank you

on your effort!

Also visit my web site Arlene

You need to be a part of a contest for one of the greatest sites on the internet.

I'm going to highly recommend this website!

my web site - Rosa

What's up colleagues, how is everything, and what you

wish for to say on the topic of this piece of writing, in my view its genuinely remarkable in favor of

me.

Feel free to visit my web-site: Robbie

A motivating discussion is definitely worth comment.

I do think that you need to write more about this subject, it may not be a taboo subject

but typically folks don't talk about such subjects. To the

next! All the best!!

my web blog belzec.phorum.pl

Greetings! Very useful advice in this particular article!

It's the little changes that produce the most significant changes.

Thanks a lot for sharing!

Also visit my web site Dell

Hi, I check your blog like every week. Your story-telling style is witty,

keep it up!

Look at my page: https://www.readysetassist.org

What a information of un-ambiguity and preserveness of valuable familiarity regarding unpredicted emotions.

Also visit my homepage ... Christopher

Hi would you mind sharing which blog platform you're working with?

I'm going to start my own blog in the near future but I'm having a hard time selecting between BlogEngine/Wordpress/B2evolution and Drupal.

The reason I ask is because your design seems different then most blogs and I'm looking for something

unique. P.S Apologies for being off-topic but I

had to ask!

My blog :: Jacquelyn

I was curious if you ever thought of changing the layout of your blog?

Its very well written; I love what youve got to say.

But maybe you could a little more in the way of content

so people could connect with it better. Youve got an awful lot of

text for only having 1 or 2 images. Maybe you could space it out better?

my web blog www.nlib.com

Thanks a lot for providing individuals with such a memorable opportunity to discover important secrets from here. It is usually very beneficial and as well , stuffed with fun for me personally and my office peers to visit your blog minimum three times a week to find out the latest issues you will have. And definitely, I'm always satisfied concerning the awesome solutions you serve. Selected 2 areas in this posting are completely the most impressive I have ever had.
supreme clothing http://www.supremes.us.org

I have to express some thanks to this writer just for bailing me out of this particular trouble. After surfing through the the web and getting solutions which were not pleasant, I thought my life was over. Being alive devoid of the answers to the problems you have sorted out as a result of your main guide is a serious case, as well as the kind which may have adversely affected my career if I had not discovered your website. Your main understanding and kindness in controlling all the pieces was crucial. I don't know what I would have done if I hadn't come upon such a thing like this. I am able to at this moment look ahead to my future. Thanks so much for your impressive and effective guide. I will not hesitate to refer your web blog to any person who should have direction on this matter.
kd shoes http://www.kevindurant-shoes.us.com

I simply needed to say thanks once again. I do not know what I could possibly have created in the absence of the entire tactics shown by you directly on my situation. It was a terrifying matter for me, but spending time with the very well-written fashion you managed it forced me to jump over happiness. I am just happier for this support and as well , pray you comprehend what a powerful job that you are accomplishing educating many others via your web page. I am sure you haven't encountered all of us.
kd12 http://www.kd12.org

I am also writing to let you understand what a fabulous experience our child gained visiting yuor web blog. She noticed lots of things, most notably what it is like to have an ideal giving mindset to make other people really easily know precisely several complicated subject areas. You actually surpassed our expected results. Thank you for distributing the interesting, safe, educational as well as unique guidance on the topic to Julie.
cheap stephen curry shoes http://www.stephcurryshoes.com

I simply wished to appreciate you once again. I am not sure what I would've worked on without these suggestions shown by you relating to such industry. It had been an absolute frightful crisis for me personally, however , viewing this skilled fashion you solved it forced me to cry for gladness. I am just happier for your help and even expect you are aware of an amazing job you were carrying out training many people all through your webpage. More than likely you've never come across any of us.
chrome hearts http://www.chromehearts.com.co

Whats up very cool website!! Guy .. Beautiful .. Amazing ..

I'll bookmark your website and take the feeds additionally?

I am glad to seek out numerous helpful info here in the

submit, we need work out extra strategies in this regard, thanks

for sharing. . . . . .

Also visit my webpage :: Demetra

I and also my friends were actually studying the good secrets on your site while unexpectedly got an awful feeling I never expressed respect to the web site owner for those tips. Those young men were as a consequence passionate to learn all of them and have undoubtedly been taking pleasure in those things. Thank you for simply being considerably kind and also for having this form of good issues millions of individuals are really eager to discover. My personal honest apologies for not expressing gratitude to sooner.
yeezy boost 350 http://www.adidasyeezyboost350.us.com

Thank you a lot for giving everyone such a remarkable possiblity to read critical reviews from this website. It is usually very pleasing and also packed with a good time for me personally and my office mates to search your blog a minimum of three times weekly to see the new stuff you will have. And indeed, I'm also certainly pleased considering the eye-popping secrets you give. Certain 2 tips on this page are basically the very best I've had.
supreme hoodie http://www.supremes-clothing.com

What a data of un-ambiguity and preserveness of valuable familiarity regarding unexpected emotions.

my page :: https://tt.kpi.fei.tuke.sk/?q=sk/node/35&page=4609

I wish to show my thanks to you just for rescuing me from this particular condition. Because of exploring throughout the the net and obtaining thoughts that were not beneficial, I assumed my entire life was over. Existing devoid of the answers to the issues you've solved all through your good write-up is a critical case, and ones which could have badly affected my career if I had not come across your blog. Your actual know-how and kindness in playing with the whole lot was important. I don't know what I would have done if I had not discovered such a step like this. I can also at this moment look ahead to my future. Thanks for your time so much for your impressive and result oriented help. I will not think twice to recommend the website to anyone who would like counselling about this issue.
nike off whtie http://www.nikexoffwhite.com

Useful info. Lucky me I found your website accidentally, and I am surprised why this accident didn't took place earlier!

I bookmarked it.

Have a look at my site - Elisa

Thanks so much for giving everyone an extremely remarkable chance to discover important secrets from this site. It really is very superb and as well , packed with a good time for me personally and my office fellow workers to search your website on the least 3 times a week to see the new tips you will have. And indeed, I am also actually impressed considering the astonishing techniques you give. Selected 1 tips in this post are undeniably the most efficient we've had.
golden goose outlet http://www.goldengoosessale.com

Сериалы смотреть онлайн бесплатно в хорошем качестве Смотри Лучшие Подборки Онлайн

Сериалы смотреть онлайн бесплатно в хорошем качестве Смотри Лучшие Подборки Онлайн

I enjoy you because of all of the effort on this website. Kim loves getting into research and it is easy to see why. A number of us know all about the lively form you make informative information by means of your website and in addition attract contribution from some other people about this matter so our own girl is in fact discovering a whole lot. Take pleasure in the remaining portion of the new year. You have been conducting a glorious job.
curry 8 http://www.curry8.org

Hiya! I know this is kinda off topic however

I'd figured I'd ask. Would you be interested in trading links or maybe guest writing a blog post or vice-versa?

My website addresses a lot of the same topics as yours and I

feel we could greatly benefit from each other. If you happen to

be interested feel free to shoot me an e-mail. I look forward to hearing from you!

Great blog by the way!

Feel free to surf to my page ... https://iden.ucsf.edu/id-quizbot?page=6847

I would like to convey my affection for your generosity for individuals that actually need assistance with your content. Your real commitment to getting the message all through appeared to be incredibly invaluable and have in every case encouraged many people just like me to achieve their desired goals. Your amazing invaluable guideline entails much to me and even more to my fellow workers. Many thanks; from each one of us.
moncler coat http://www.monclercoat.us.com

What's up, yes this piece of writing is actually fastidious and

I have learned lot of things from it on the topic of

blogging. thanks.

Feel free to surf to my web blog: Will

Thanks a lot for giving everyone remarkably pleasant chance to read critical reviews from this web site. It can be very awesome and as well , full of a good time for me personally and my office mates to visit your blog minimum 3 times a week to study the fresh stuff you will have. And lastly, I'm so at all times fascinated with all the unbelievable information you give. Selected two ideas in this article are honestly the most impressive I have ever had.
cheap kd shoes http://www.kevindurant-shoes.us.com

I wanted to write you the little note to help thank you very much the moment again regarding the pleasant information you have featured on this website. It was certainly generous of you to make openly what exactly a lot of folks might have made available as an electronic book to end up making some cash on their own, most notably since you could possibly have tried it if you ever decided. Those secrets likewise served to be a easy way to be sure that many people have a similar keenness just like my own to grasp much more around this condition. I am certain there are several more pleasant instances up front for individuals who check out your blog post.
authentic jordans http://www.jordansforcheap.us.com

Hi there! Someone in my Myspace group shared this site with us so I came

to check it out. I'm definitely enjoying the information. I'm bookmarking and will be tweeting this

to my followers! Terrific blog and terrific design.

Also visit my web-site - Bebe

My husband and i ended up being now joyful when Raymond managed to complete his web research with the ideas he had through the web page. It's not at all simplistic to simply be making a gift of instructions which often some other people might have been trying to sell. We really remember we have the website owner to give thanks to for that. The most important illustrations you made, the straightforward blog navigation, the friendships your site help to foster - it's everything impressive, and it is helping our son and us do think this theme is satisfying, which is certainly wonderfully fundamental. Many thanks for everything!
ggdb http://www.golden-gooses.com

Just wish to say your article is as astounding.

The clarity in your post is just great and i could assume you're an expert on this subject.

Well with your permission let me to grab your RSS feed to

keep updated with forthcoming post. Thanks a million and please keep up

the gratifying work.

Here is my web-site: Clifton

It's very simple to find out any topic on net as compared to textbooks, as I found this post at this web page.

my webpage Leslie

Páginas

Añadir nuevo comentario

Filtered HTML

  • Las direcciones de las páginas web y las de correo se convierten en enlaces automáticamente.
  • Etiquetas HTML permitidas: <a> <em> <strong> <cite> <blockquote> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Saltos automáticos de líneas y de párrafos.

Plain text

  • No se permiten etiquetas HTML.
  • Las direcciones de las páginas web y las de correo se convierten en enlaces automáticamente.
  • Saltos automáticos de líneas y de párrafos.