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

Thank you so much for giving everyone an extraordinarily splendid chance to read in detail from this blog. It is usually very nice and as well , packed with fun for me and my office peers to search your site the equivalent of three times weekly to learn the latest issues you will have. Of course, I'm also actually astounded with the powerful advice you give. Certain 3 facts on this page are clearly the very best we have all had.
golden goose http://www.goldengooseoutletstore.com

I simply wished to thank you so much once more. I'm not certain the things I would've followed in the absence of the actual smart ideas discussed by you about such situation. It has been a very frightful concern in my view, but understanding the very specialized way you handled the issue made me to weep for joy. I will be happier for your advice and thus sincerely hope you are aware of a great job you are always getting into educating the mediocre ones using your blog post. I am sure you have never encountered any of us.
kevin durant shoes http://www.kevindurantshoes.us.com

I wanted to make a message to be able to thank you for all the nice hints you are sharing on this website. My incredibly long internet search has finally been honored with professional concept to exchange with my family members. I would say that we site visitors are really endowed to live in a superb place with so many wonderful people with valuable points. I feel quite lucky to have used the website and look forward to some more cool times reading here. Thank you once more for all the details.
cheap kd 13 http://www.kd13shoes.us

I simply wanted to say thanks once more. I'm not certain the things that I would've undertaken in the absence of the smart ideas discussed by you concerning such a topic. Entirely was an absolute daunting setting for me, nevertheless observing this professional mode you solved it forced me to weep over gladness. Extremely grateful for the advice and in addition hope you realize what an amazing job you are always carrying out educating the mediocre ones thru your websites. Probably you've never got to know all of us.
air jordan http://www.jordanstoreonline.com

I wanted to compose you this bit of note so as to thank you as before about the marvelous information you have featured above. This has been simply incredibly generous with people like you to convey publicly just what many individuals would've offered as an electronic book in order to make some bucks for themselves, chiefly given that you could possibly have tried it in the event you considered necessary. The suggestions additionally worked like the easy way to know that most people have a similar zeal the same as my own to know the truth many more pertaining to this issue. Certainly there are some more enjoyable sessions in the future for folks who read carefully your website.
bathing ape http://www.bapes.us.org

I actually wanted to develop a quick note in order to thank you for those nice facts you are placing on this website. My extended internet investigation has at the end been paid with sensible tips to talk about with my friends. I would suppose that we visitors are very lucky to live in a decent site with many outstanding individuals with beneficial concepts. I feel pretty fortunate to have discovered your website page and look forward to really more cool times reading here. Thank you once more for everything.
cheap curry 8 http://www.curry8.org

Thanks for all of your labor on this web page. Kate really likes carrying out internet research and it's obvious why. Most of us notice all concerning the dynamic tactic you create efficient information via this website and inspire participation from other people about this point plus our favorite daughter is truly discovering a whole lot. Have fun with the rest of the new year. Your conducting a great job.
off white outlet https://www.offwhitesoutlet.com

Thank you a lot for giving everyone such a pleasant opportunity to read critical reviews from here. It is usually very nice and as well , stuffed with amusement for me personally and my office friends to search the blog at least 3 times a week to see the fresh guides you have. And definitely, I am also actually fulfilled considering the extraordinary methods you give. Selected two areas in this post are absolutely the most suitable I have ever had.
kyrie 6 shoes http://www.kyrie-6.com

Thanks so much for giving everyone an exceptionally memorable chance to read from this blog. It is usually very enjoyable and also packed with a good time for me and my office mates to visit your blog particularly thrice in 7 days to study the fresh issues you will have. And of course, I'm just certainly fulfilled with the perfect secrets you serve. Selected 2 areas in this posting are truly the most impressive we have ever had.
supreme clothing http://www.supremenewyork.us.com

My wife and i ended up being so satisfied Ervin managed to finish off his preliminary research through your ideas he got while using the web page. It's not at all simplistic just to always be giving away procedures which usually people today have been trying to sell. So we realize we have got the writer to appreciate for that. The entire illustrations you made, the straightforward blog menu, the relationships you can help promote - it's all unbelievable, and it's really facilitating our son and the family reckon that this idea is entertaining, which is unbelievably indispensable. Thank you for all the pieces!
michael jordan shoes http://www.michaeljordanshoes.us.com

I have to show my affection for your kind-heartedness for men who actually need guidance on the subject. Your personal dedication to getting the message all through became quite beneficial and has all the time permitted girls much like me to achieve their ambitions. The useful publication implies a great deal to me and somewhat more to my colleagues. Many thanks; from each one of us.
yeezy wave runner 700 http://www.yeezy700.us.com

I wanted to write a simple comment in order to say thanks to you for some of the precious advice you are giving here. My considerable internet lookup has at the end been rewarded with extremely good knowledge to write about with my family and friends. I would state that that most of us visitors are undoubtedly blessed to exist in a remarkable website with many wonderful individuals with beneficial techniques. I feel extremely privileged to have discovered your website and look forward to many more enjoyable minutes reading here. Thanks once again for everything.
curry 6 http://www.curry-6.us

Needed to create you one bit of note to finally say thanks a lot yet again for all the pleasing solutions you have discussed above. It has been so shockingly open-handed of people like you giving without restraint just what a few individuals would've offered for sale for an electronic book in making some money on their own, even more so considering that you could have tried it in case you decided. Those points in addition acted like the fantastic way to be certain that someone else have a similar desire the same as my own to figure out many more with regards to this matter. I'm sure there are several more pleasant sessions up front for people who examine your site.
off white hoodie http://www.off-whitehoodie.com

I in addition to my guys appeared to be taking note of the nice pointers found on the website then then I had a terrible feeling I never thanked the web site owner for those strategies. My young boys came so very interested to learn all of them and now have clearly been enjoying them. I appreciate you for really being well kind as well as for deciding on certain terrific useful guides most people are really wanting to understand about. Our own sincere regret for not expressing appreciation to earlier.
nike sb http://www.sbdunk.us

I intended to write you one little bit of observation so as to thank you over again for your personal unique suggestions you have shared at this time. It is quite shockingly open-handed of you to deliver unhampered what many of us would've marketed as an ebook to make some bucks on their own, particularly considering the fact that you could have done it if you considered necessary. These tactics likewise acted to be the easy way to know that the rest have similar fervor really like my own to realize many more with reference to this condition. Certainly there are thousands of more enjoyable periods up front for people who browse through your blog.
off white outlet http://www.offwhitesonline.com

I will right away grasp your rss feed as I can not
in finding your e-mail subscription link or
newsletter service. Do you have any?
Please permit me recognize in
order that I could subscribe.
Thanks.| https://boutiquelemarie.com/mariage/

great points altogether, you just gained a new reader.

What may you suggest in regards to your post that you made a few days ago?

Any sure?

My web-site - เว็บข่าวฟุตบอล

I would like to express thanks to you for rescuing me from this type of incident. As a result of browsing through the the web and getting techniques which are not beneficial, I figured my entire life was well over. Being alive minus the answers to the difficulties you have solved by means of your main article content is a critical case, and the ones that would have adversely affected my entire career if I had not discovered your site. Your own mastery and kindness in taking care of a lot of stuff was precious. I am not sure what I would've done if I had not come upon such a solution like this. I'm able to at this point look forward to my future. Thanks for your time so much for your reliable and effective help. I will not think twice to recommend your site to any individual who should have tips on this matter.
cheap kyrie 5 http://www.kyrie5spongebob.us

I will right away seize your rss as I can not in finding your email
subscription hyperlink or newsletter service. Do you have
any?
Please permit me know so that I could subscribe.

Thanks.| https://missgriffintown.com/fr/nos-services/

My spouse and i ended up being now relieved Michael could round up his web research through your ideas he obtained through your web site. It's not at all simplistic to just find yourself giving for free tips and hints that the rest have been selling. We really fully grasp we have the website owner to be grateful to for this. The main illustrations you've made, the easy web site navigation, the friendships your site help to promote - it's all extraordinary, and it's really leading our son and us reckon that the subject matter is enjoyable, and that's really vital. Many thanks for all the pieces!
golden goose shoes http://www.goldengooseoutlets.us

Heya just wanted to give you a quick heads up and let you know a
few of the pictures aren't loading correctly.
I'm not sure why but I think its a linking issue. I've
tried it in two different browsers and both show the same outcome.

My site Online Assignment Help

I am also commenting to let you be aware of what a fine discovery my friend's daughter had reading through the blog. She even learned plenty of pieces, not to mention what it's like to have a wonderful helping mood to have folks very easily know just exactly certain complex matters. You really did more than people's expectations. I appreciate you for imparting such important, dependable, edifying and as well as cool tips about your topic to Lizeth.
steph curry shoes http://www.curry-shoes.net

I simply needed to appreciate you again. I'm not certain the things I might have handled in the absence of the entire ideas contributed by you over such a area of interest. It had become the fearsome crisis in my circumstances, but looking at the well-written style you handled that took me to jump over happiness. I'm happier for the guidance and even hope that you recognize what a powerful job you have been getting into teaching the mediocre ones using your webblog. I know that you haven't encountered all of us.
yeezy 500 http://www.yeezy-500.us.com

My husband and i have been so excited John could carry out his studies while using the precious recommendations he received from your site. It's not at all simplistic to simply be offering tips that many other people may have been selling. And we also take into account we've got the website owner to appreciate because of that. The most important explanations you have made, the simple site navigation, the relationships you help foster - it is everything astonishing, and it's really facilitating our son and us imagine that the situation is excellent, which is certainly exceedingly pressing. Thanks for everything!
bape outlet http://www.bapesonline.com

I must show some thanks to the writer just for bailing me out of such a dilemma. As a result of surfing through the world-wide-web and seeing suggestions which were not productive, I was thinking my entire life was well over. Existing without the presence of answers to the difficulties you've solved by means of your short article is a critical case, as well as the ones that might have badly affected my entire career if I hadn't come across the website. Your personal mastery and kindness in controlling all the pieces was crucial. I don't know what I would've done if I had not discovered such a point like this. I can also at this moment look ahead to my future. Thank you so much for this impressive and amazing help. I will not hesitate to recommend the blog to any person who desires counselling about this subject.
cheap kd 12 http://www.kd12.us.com

Thank you for all of your efforts on this web page. My mum really likes going through investigation and it is simple to grasp why. I know all of the compelling manner you convey both interesting and useful guidelines on the blog and as well as increase contribution from some other people about this concept then our daughter is undoubtedly becoming educated a great deal. Have fun with the remaining portion of the new year. You are always doing a glorious job.
kevin durant shoes http://www.kd12.us.com

Thanks so much for giving everyone remarkably pleasant possiblity to check tips from this blog. It's usually very nice and also packed with a good time for me personally and my office friends to visit the blog at least 3 times in 7 days to learn the newest guidance you have. And lastly, I am also always contented with your extraordinary thoughts you give. Some 4 facts in this posting are certainly the most beneficial we have all had.
cheap kobe shoes http://www.kobesneakers.com

My wife and i ended up being absolutely happy Michael managed to complete his basic research through the entire ideas he discovered when using the web pages. It's not at all simplistic just to always be giving out facts some people may have been making money from. So we recognize we now have the website owner to be grateful to for that. Most of the explanations you made, the easy site menu, the friendships you can give support to instill - it's got everything wonderful, and it is leading our son and our family imagine that this situation is brilliant, and that is rather vital. Many thanks for all the pieces!
kobe 11 http://www.kobebasketballshoes.net

A lot of thanks for your whole work on this website. My niece enjoys conducting internet research and it is obvious why. A number of us notice all about the powerful form you render good strategies on your web site and therefore increase participation from visitors on this idea plus our princess is without question understanding a lot of things. Enjoy the remaining portion of the year. Your doing a great job.
yeezy 380 http://www.yeezyboost380.us.com

I truly wanted to construct a quick remark so as to express gratitude to you for some of the splendid steps you are giving on this site. My particularly long internet research has at the end of the day been recognized with professional content to write about with my pals. I would state that that we website visitors actually are rather lucky to exist in a good community with very many perfect people with useful points. I feel quite lucky to have encountered your webpage and look forward to tons of more brilliant moments reading here. Thanks a lot again for everything.
supreme clothing http://www.supremeclothings.com

Thanks for all of your labor on this site. Betty really likes going through internet research and it's easy to understand why. All of us learn all concerning the dynamic tactic you deliver great items through the website and encourage participation from other ones on that situation then my child is always being taught so much. Take advantage of the remaining portion of the year. Your carrying out a really great job.
bape hoodie http://www.bapehoodie.us

I definitely wanted to make a small message to say thanks to you for some of the splendid advice you are showing here. My prolonged internet look up has at the end been paid with incredibly good facts and techniques to write about with my family and friends. I would point out that we readers are truly lucky to live in a fantastic community with many wonderful people with good tips. I feel quite fortunate to have discovered your entire website page and look forward to plenty of more fun minutes reading here. Thanks again for a lot of things.
steph curry shoes http://www.curry-shoes.net

I'm also commenting to make you understand what a brilliant experience my cousin's child encountered reading your site. She mastered many pieces, with the inclusion of what it is like to have an amazing helping character to have other people really easily fully grasp various complex issues. You truly surpassed visitors' expectations. Thanks for coming up with these essential, safe, informative as well as easy thoughts on the topic to Julie.
cheap stephen curry shoes http://www.stephcurry.us

I intended to draft you this bit of remark to finally say thanks again for those precious things you've provided in this article. It was certainly tremendously generous of people like you to provide freely just what a few individuals might have offered for sale for an ebook to generate some profit for their own end, notably given that you could have done it in case you desired. The thoughts in addition worked to be a fantastic way to be aware that some people have the identical eagerness like my very own to figure out somewhat more around this matter. I am certain there are lots of more pleasant instances ahead for people who examine your blog.
kyrie 6 shoes http://www.kyrie6.org

I would like to voice my passion for your kindness for people who require help with this one area. Your real dedication to passing the solution all through had become remarkably good and has consistently empowered employees much like me to get to their endeavors. Your entire interesting tips and hints denotes this much to me and further more to my office workers. With thanks; from each one of us.
chrome hearts online http://www.chromehearts.com.co

My wife and i ended up being absolutely comfortable that Michael managed to finish up his survey from your ideas he acquired in your site. It's not at all simplistic just to happen to be freely giving facts that many some people might have been making money from. And we all already know we have got the website owner to thank for that. The specific illustrations you made, the straightforward site menu, the relationships you will help create - it is most great, and it's leading our son and us consider that this concept is cool, which is certainly seriously fundamental. Thank you for the whole thing!
kobe basketball shoes http://www.kobebasketballshoes.net

I wanted to send you a little bit of observation to help say thanks over again on your extraordinary information you've discussed above. This has been simply shockingly generous with you to grant freely exactly what a lot of people would have sold as an e book to end up making some money on their own, and in particular since you could have done it if you wanted. Those strategies also served as a fantastic way to be sure that many people have a similar passion like my own to see somewhat more around this issue. I'm certain there are a lot more fun instances ahead for people who look into your blog.
off white outlet http://www.off--whiteoutlet.com

Thank you so much for giving everyone an exceptionally terrific possiblity to read critical reviews from here. It is usually so good plus stuffed with a great time for me personally and my office colleagues to search your web site at the very least 3 times a week to learn the latest stuff you have. And lastly, I'm certainly amazed concerning the outstanding knowledge served by you. Certain two points on this page are in fact the very best we have had.
curry 6 http://www.curry6.net

Thank you so much for providing individuals with a very breathtaking chance to check tips from this site. It really is so pleasing and stuffed with a good time for me personally and my office mates to search your site at the least 3 times in 7 days to learn the new stuff you have got. Not to mention, I'm so always impressed with the dazzling creative ideas you give. Some 4 areas in this posting are ultimately the finest we've ever had.
air jordan 1 http://www.jordan1shoes.us

A lot of thanks for all of your labor on this web page. My aunt loves conducting investigations and it is simple to grasp why. Many of us hear all of the powerful ways you create both useful and interesting techniques on your website and therefore foster participation from the others on this subject matter and our own princess is now learning a great deal. Enjoy the remaining portion of the year. Your carrying out a fabulous job.
off white outlet http://www.offwhiteoutlet.us.org

I wanted to compose you that bit of remark to be able to say thank you once again relating to the precious tactics you have documented in this article. This is so particularly generous with people like you to make freely all many people could possibly have advertised for an e book to help with making some dough on their own, most notably now that you might have done it if you ever wanted. The strategies in addition acted to become a good way to recognize that most people have the same eagerness similar to mine to grasp way more with respect to this matter. I am certain there are numerous more pleasurable instances ahead for individuals who look over your blog.
off white http://www.off-whiteclothing.us.org

I enjoy you because of all your hard work on this web page. Debby delights in getting into investigations and it's really simple to grasp why. Almost all know all relating to the lively form you present valuable information via the web blog and even foster response from other people on that matter and our own daughter is certainly studying so much. Take advantage of the remaining portion of the year. You are always carrying out a pretty cool job.
cheap giannis shoes http://www.giannisantetokounmposhoes.us

Thanks so much for providing individuals with an exceptionally spectacular chance to read articles and blog posts from this site. It really is very cool and jam-packed with a lot of fun for me personally and my office peers to visit your website nearly thrice a week to read the fresh tips you have got. And indeed, I'm also certainly pleased with all the terrific points you serve. Selected 1 tips on this page are absolutely the very best we've had.
giannis shoes http://www.giannisantetokounmposhoes.us

Thank you for your whole labor on this blog. My niece really likes participating in research and it is obvious why. My spouse and i notice all concerning the dynamic form you offer reliable solutions on the web site and even foster contribution from other individuals about this article plus our own daughter is certainly becoming educated a lot. Enjoy the remaining portion of the year. You have been doing a very good job.
off white clothing http://www.off-whiteclothing.us.org

Thanks a lot for sharing this with all folks you really recognize

what you're talking about! Bookmarked. Please additionally visit

my web site =). We could have a hyperlink change contract between us

Take a look at my web blog: ไฮไลท์ฟุตบอลย้อนหลังเมื่อคืน

I definitely wanted to jot down a simple word to be able to express gratitude to you for all of the lovely recommendations you are posting here. My time consuming internet look up has now been honored with good quality details to exchange with my family and friends. I 'd tell you that many of us site visitors are unquestionably endowed to exist in a fine website with many marvellous professionals with useful tips. I feel very fortunate to have encountered the web site and look forward to tons of more enjoyable minutes reading here. Thank you once more for all the details.
goyard bags http://www.goyardshandbag.us

I just wanted to provide
you with a quick heads up! Aside from that, fantastic blog! https://www.acupuncturerive-sud.com/massage-tuina/

Way cool! Some extremely valid points! I appreciate you penning
this
write-up and the rest of the website is really good. https://publissoft.com/seo/

Hello there, just turned into aware of your weblog
through Google, and located that it is really informative.

I am
going to be careful for brussels. https://www.cliniquedelenfant.ca/

Excellent beat ! I would like to apprentice whilst

you amend your web site, how could i subscribe

for a blog website? The account aided me a acceptable deal.

I were tiny bit acquainted of this your broadcast provided vibrant clear idea

my web site เว็บข่าวกีฬาออนไลน์

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.