LIMITATION TO THE CAPACITY TO EXERCISE AND ITS IMPLICATIONS IN TERMS OF PARENTAL RESPONSIBILITY

Abstract

The objective of this paper is to examine the legal regime in force regarding the restriction of the exercise capacity of human persons based on the resolution issued by the Court of First Instance in Civil and Commercial Matters of the Eighth Nomination of the city of Córdoba in the titled proceedings: “O.R., N.S.-Demand for Capacity Limitation”- (Auto Number 122 dated 04/26/2022).
The present was motivated by the following question: ¿Is it possible to preserve parental responsibility in the face of a limitation on the capacity to exercise? To this end, the new legal framework is examined, based on the process of Constitutionalization of Private Law that causes a paradigm shift in the field of Human Rights. Indeed, as a result of the Inter-American Convention for the Elimination of All Forms of Discrimination against Persons with Disabilities and the Convention on the Rights of Persons with Disabilities and its optional protocol, a new scenario is being built for the recognition and exercise of rights of the human person. Adopting the reasonable adjustments that allow to safeguard their autonomy for the exercise of their subjective rights in general, and, in particular, those related to their parental responsibility.