La Capacidad Negocial de las Personas con Discapacidad Mental

Abstract

The traditional contractual structures have been changed since the persons with disabilities was included in the legal business. Nowdays the structure for a real validation of personal statements, includes new paradigms and laws (Law 1996,2019), a process that inherently transforms the legal and contractual business. This paper explains the historical process involved in the legal recognize to human rights for persons with disabilities, including to human rights perspective; and take the high importance to international agreements on the use of legal instruments that will provide laws and legal guarantees for these persons in each country around the world. This is a qualitative research and include an interpretative and applied process about the structural transformation of traditional contract elements, and a new paradigm and laws for social inclusion analysis. On the document review, it includes: legal, jurisprudential, doctrinal and general documents, that report and raise awareness of persons with disabilities. The research implements a holistic perspective around the legal capacity of this people in a descriptive and comprehensive approach, based on the Colombian actual normative, including the arrangements for current exercise of the capacity of mentally handicapped adults and their innovative support figures and advance directives. Finally, through a critical analysis, we review the trends of study around he conception of human dignity as a cornerstone.