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

I blog frequently and I genuinely thank you for your information. This article has truly peaked

my interest. I'm going to take a note of your site and keep checking for new information about once per week.

I subscribed to your Feed too.

Here is my web site :: สล็อตวอเลท

I really wanted to make a simple note to be able to thank you for all the nice tricks you are sharing here. My extended internet look up has finally been compensated with sensible details to write about with my great friends. I would assert that we website visitors actually are undoubtedly endowed to be in a fantastic community with so many perfect individuals with valuable things. I feel rather privileged to have encountered your entire weblog and look forward to many more awesome times reading here. Thanks again for all the details.
moncler outlet http://www.moncler--outlet.us.com

I am extremely impressed with your writing skills as well as with

the layout on your weblog. Is this a paid theme or did you customize it yourself?

Anyway keep up the nice quality writing, it's rare to see a great

blog like this one today.

Feel free to visit my homepage: https://zinghomnay.blogspot.com/

A lot of thanks for all your efforts on this blog. Ellie really loves going through internet research and it's obvious why. A number of us notice all concerning the powerful form you make helpful ideas through your web site and even boost response from the others on this point while our own daughter is in fact becoming educated a whole lot. Take advantage of the rest of the year. You have been conducting a good job.
moncler outlet http://www.moncler--outlet.us.com

Hi i am kavin, its my first time to commenting

anyplace, when i read this post i thought i could also create comment due to this sensible paragraph.

My webpage; เปิดวาร์ปสาวเด็ด

I wanted to post you a bit of note to help thank you so much again just for the superb suggestions you've provided in this article. It is incredibly open-handed of you to grant without restraint exactly what a few people would've advertised for an ebook to help make some profit for their own end, precisely considering the fact that you could have done it if you wanted. Those techniques likewise worked as the fantastic way to be certain that most people have a similar fervor really like my very own to grasp significantly more when it comes to this problem. I know there are lots of more fun occasions in the future for individuals that scan your site.
yeezy supply http://www.yeezy-supply.us.org

Needed to put you that bit of remark to thank you as before for these pretty basics you've provided in this case. This has been so extremely open-handed with you to allow easily just what most of us would've sold as an ebook in order to make some money for their own end, specifically considering that you might have tried it if you ever desired. Those techniques also worked as a good way to realize that someone else have the identical zeal just as mine to grasp way more with regard to this problem. Certainly there are numerous more pleasurable moments in the future for folks who read your blog.
cheap stephen curry shoes http://www.curry-shoes.net

Thank you a lot for providing individuals with such a nice chance to discover important secrets from this blog. It is usually very amazing plus jam-packed with a lot of fun for me personally and my office co-workers to visit your site nearly three times per week to read the newest items you will have. Of course, I'm so always pleased with your sensational tricks you give. Selected two points in this posting are honestly the most efficient we have all ever had.
golden goose http://www.goldengoosesonline.com

Thanks a lot for providing individuals with such a splendid opportunity to discover important secrets from this site. It is always very superb and packed with amusement for me and my office fellow workers to visit your website at minimum thrice per week to learn the newest things you have. And indeed, I'm just usually amazed considering the awesome tips you give. Certain 4 facts in this article are in fact the simplest we have had.
golden goose http://www.goldengoosesneakers.us.com

My wife and i felt excited when Edward could complete his inquiry through the precious recommendations he acquired out of the web pages. It is now and again perplexing to simply happen to be offering tips and hints which often many people have been selling. And we also consider we now have the blog owner to thank for that. Most of the explanations you have made, the easy site navigation, the relationships you can make it easier to promote - it's everything exceptional, and it's leading our son in addition to the family reason why the matter is interesting, which is exceptionally fundamental. Thanks for all the pieces!
supreme clothing http://www.supreme-clothings.us.com

My wife and i have been very comfortable Edward managed to complete his research through the entire ideas he had from your web page. It's not at all simplistic to just happen to be giving out strategies which usually some others might have been making money from. We see we have got the writer to appreciate for that. These illustrations you have made, the simple blog menu, the friendships you can help to foster - it is mostly astonishing, and it's assisting our son and our family understand the article is pleasurable, and that's exceptionally indispensable. Thanks for all the pieces!
steph curry shoes http://www.stephcurry.us

My spouse and i ended up being absolutely glad Jordan managed to round up his researching from the precious recommendations he was given out of your web pages. It's not at all simplistic to simply choose to be giving away guides that the others might have been selling. And we all do understand we have you to give thanks to for that. The main illustrations you made, the easy web site menu, the friendships you give support to engender - it's got many impressive, and it's really helping our son in addition to the family reason why the matter is entertaining, and that is really vital. Many thanks for all the pieces!
yeezy http://www.yeezyboost380.us.com

I want to express my passion for your kindness for persons who must have assistance with this particular situation. Your very own commitment to getting the solution throughout has been particularly invaluable and has continuously empowered girls like me to reach their dreams. Your amazing warm and friendly guidelines denotes a lot to me and substantially more to my office workers. Best wishes; from everyone of us.
air jordans http://www.cheap-airjordans.us.com

I simply needed to appreciate you again. I do not know the things that I could possibly have sorted out without those tricks discussed by you about such question. It has been the hard matter in my circumstances, but finding out the expert manner you resolved it forced me to weep for gladness. I will be thankful for your assistance and as well , trust you realize what a great job you are doing educating many people by way of your web blog. I know that you haven't encountered all of us.
yeezy 350 http://www.yeezyboost350.org

I needed to compose you that tiny remark to be able to say thank you as before regarding the amazing tricks you've documented on this page. This is simply incredibly open-handed of people like you to allow unreservedly exactly what many people could possibly have supplied for an electronic book to make some bucks for themselves, and in particular seeing that you could possibly have done it in case you wanted. These suggestions additionally acted to become a easy way to comprehend other people have the same eagerness just as my very own to understand way more on the topic of this issue. I think there are several more pleasant periods up front for those who look over your blog post.
kyrie irving shoes http://www.kyrieirving-shoes.us.com

I wish to show some thanks to the writer for bailing me out of this particular matter. After looking throughout the world wide web and meeting principles which were not productive, I believed my entire life was over. Existing minus the approaches to the issues you've resolved by means of your article content is a serious case, as well as the ones which could have badly damaged my entire career if I had not noticed your web page. Your talents and kindness in maneuvering every aspect was useful. I am not sure what I would've done if I hadn't encountered such a thing like this. It's possible to now look forward to my future. Thanks very much for this reliable and results-oriented guide. I will not think twice to suggest the website to anyone who needs to have care on this issue.
cheap kobe basketball shoes http://www.kobebasketballshoes.net

I and also my pals have already been reading through the excellent tips and hints from the blog and so instantly I got a horrible feeling I never thanked the blog owner for those secrets. The boys appeared to be certainly glad to learn them and now have honestly been having fun with these things. We appreciate you genuinely so accommodating and for deciding on this kind of great information millions of individuals are really wanting to understand about. My personal sincere apologies for not expressing gratitude to earlier.
off white clothing http://www.off-whites.us

I needed to write you the bit of word to say thank you once again considering the nice guidelines you have contributed on this page. This has been really strangely open-handed with you to provide easily what a few people could have made available as an e book to make some money for themselves, specifically considering that you could have done it in the event you wanted. These points as well acted as the easy way to be certain that most people have the same desire much like my personal own to know very much more when considering this condition. I think there are numerous more fun opportunities ahead for many who go through your blog.
kd 13 http://www.kd13shoes.us

I'm commenting to let you understand what a outstanding discovery my child went through reading yuor web blog. She noticed numerous things, which include how it is like to possess a marvelous giving character to make other individuals without hassle understand a variety of impossible topics. You actually surpassed my desires. I appreciate you for presenting such essential, trustworthy, educational and even fun thoughts on that topic to Lizeth.
longchamp http://www.longchampshandbags.us.org

Thank you so much for giving everyone a very brilliant opportunity to check tips from this website. It really is very beneficial plus jam-packed with fun for me and my office friends to search your web site nearly thrice a week to find out the new guidance you have. And lastly, I'm also certainly pleased with all the remarkable advice you serve. Some two facts in this post are easily the finest I've ever had.
moncler http://www.monclerjackets.us

I and also my friends have been analyzing the good solutions from your website then suddenly I got a terrible suspicion I never expressed respect to the web site owner for them. All the young boys are actually totally stimulated to learn all of them and now have definitely been tapping into them. Thank you for truly being simply helpful and then for making a decision on varieties of useful subject matter millions of individuals are really wanting to learn about. My sincere apologies for not saying thanks to earlier.
jordan shoes http://www.jordan6.us.com

Needed to send you that tiny observation to help give many thanks the moment again on your gorgeous knowledge you have discussed in this case. It has been really shockingly open-handed with people like you to make freely exactly what many of us would've offered for an e book to get some cash for themselves, especially given that you might have done it if you ever decided. Those principles likewise acted like the good way to recognize that other individuals have the same zeal just as my very own to know the truth a great deal more on the topic of this issue. I'm certain there are several more pleasurable sessions up front for individuals that take a look at your blog post.
golden goose sale http://www.goldengoosessale.com

I needed to send you a bit of word just to give thanks over again regarding the magnificent opinions you've shared in this article. It has been particularly open-handed with people like you to make freely just what a number of people would've offered for sale as an ebook in making some money for their own end, precisely since you could have tried it if you wanted. These guidelines also worked to be the good way to be sure that other people have similar desire just as my personal own to learn good deal more in regard to this problem. Certainly there are some more fun opportunities up front for many who read through your blog post.
supreme clothing http://www.supremeclothings.com

hello!,I really like your writing very so much! share

we keep up a correspondence more approximately your post on AOL?

I need an expert on this house to solve my problem.

May be that is you! Having a look forward to see you.

my page: Buy Twitter Media Interactions

I have to show some thanks to you just for rescuing me from this crisis. Because of searching throughout the world-wide-web and getting tricks that were not powerful, I thought my life was gone. Existing without the approaches to the problems you have resolved by means of your main review is a serious case, as well as those that would have in a negative way affected my entire career if I had not discovered your web blog. Your good talents and kindness in taking care of every aspect was invaluable. I am not sure what I would have done if I hadn't discovered such a subject like this. I'm able to now relish my future. Thank you so much for the expert and effective guide. I will not be reluctant to refer your web sites to any individual who wants and needs counselling on this issue.
off white t shirt https://www.offwhitesoutlet.com

I hope to give something back and aid others like

you aided me.

Feel free to surf to my site Merri

I want to voice my affection for your kind-heartedness for men and women who actually need help on in this area of interest. Your personal commitment to getting the solution around had become unbelievably valuable and have surely helped employees like me to reach their desired goals. Your personal warm and helpful guide entails a great deal to me and a whole lot more to my mates. Thanks a ton; from all of us.
off white nike http://www.offwhites.us.com

I must point out my respect for your kindness supporting folks that really need help on this important content. Your personal commitment to getting the message all-around came to be astonishingly invaluable and has specifically allowed regular people much like me to attain their targets. Your amazing warm and friendly useful information entails much a person like me and even more to my peers. Regards; from all of us.
kd shoes http://www.kd12.us.com

I definitely wanted to write a quick word so as to express gratitude to you for the precious tactics you are sharing on this website. My incredibly long internet research has at the end of the day been compensated with brilliant strategies to write about with my contacts. I would suppose that most of us site visitors actually are definitely fortunate to exist in a notable place with very many wonderful professionals with interesting hints. I feel extremely fortunate to have used your entire webpages and look forward to tons of more thrilling minutes reading here. Thank you once more for everything.
golden goose outlet http://www.goldengooseoutlets.us

I would like to voice my appreciation for your generosity in support of those people who have the need for assistance with this particular study. Your personal commitment to passing the solution across has been exceedingly interesting and have in every case encouraged men and women just like me to arrive at their pursuits. Your own valuable guidelines implies much a person like me and especially to my colleagues. Best wishes; from each one of us.
supreme shirt http://www.supremeshirt.us.com

I hope to give something back and help others like
you helped me. https://www.myozen.ca/

You actually make it seem so easy with your presentation but I find this

topic to be really something which I think I would never understand.

It seems too complex and extremely broad for me. I'm looking forward for your next post, I will try

to get the hang of it!

my blog :: buy 500 instagram views

My programmer is trying to convince me to move to .net

from PHP. I have always disliked the idea because of the costs.

But he's tryiong none the less. I've been using Movable-type

on a variety of websites for about a year and am

nervous about switching to another platform. I have heard excellent things about blogengine.net.

Is there a way I can import all my wordpress content into it?

Any kind of help would be greatly appreciated!

Also visit my page :: https://zinghomnay.blogspot.com/

Hi, i read your blog from time to time and i

own a similar one and i was just curious if you get a lot of

spam comments? If so how do you reduce it, any

plugin or anything you can advise? I get so much lately it's driving me crazy so

any assistance is very much appreciated.

my web-site - ไฮไลท์ฟุตบอล

I wish to show my appreciation to this writer for rescuing me from this problem. Because of browsing through the internet and coming across tricks that were not helpful, I thought my entire life was well over. Existing without the presence of strategies to the problems you've fixed all through the write-up is a critical case, as well as those that could have in a wrong way damaged my entire career if I had not come across the website. Your personal expertise and kindness in taking care of all the pieces was crucial. I'm not sure what I would've done if I had not encountered such a point like this. I'm able to at this time relish my future. Thank you so much for the specialized and result oriented guide. I will not hesitate to propose your web blog to any person who should receive recommendations about this topic.
curry 7 http://www.curry7.us

I intended to create you the bit of remark to be able to thank you very much yet again for your personal beautiful ideas you have shown above. It's quite remarkably generous with you to make unhampered just what many of us would have offered as an e-book to end up making some cash for themselves, most importantly now that you might have tried it in the event you wanted. Those principles in addition worked as the good way to understand that most people have the same dream the same as my very own to figure out more and more with regards to this problem. I am certain there are lots of more pleasurable times ahead for folks who take a look at your blog.
off white nike http://www.off---whiteshoes.com

My husband and i have been quite joyous Michael could conclude his investigations from your precious recommendations he had from your weblog. It is now and again perplexing just to always be offering points that other folks might have been making money from. And we figure out we need the website owner to be grateful to for that. Those explanations you made, the straightforward blog menu, the relationships you will help promote - it's all incredible, and it is facilitating our son in addition to our family believe that the issue is enjoyable, which is certainly rather pressing. Many thanks for the whole lot!
supreme clothing http://www.supremeclothings.us.com

I as well as my guys were examining the excellent key points on your web blog then the sudden I had a horrible suspicion I had not expressed respect to the blog owner for those techniques. The ladies were definitely as a result stimulated to read all of them and have in effect sincerely been using them. Thank you for being indeed considerate and also for choosing these kinds of helpful things millions of individuals are really desirous to discover. My very own honest apologies for not expressing appreciation to you sooner.
off white nike http://www.nikexoffwhite.com

I would like to express my admiration for your generosity giving support to those people who absolutely need assistance with that matter. Your personal commitment to getting the message all around had become incredibly advantageous and has all the time made those much like me to realize their objectives. The informative instruction means a whole lot to me and a whole lot more to my mates. With thanks; from everyone of us.
golden goose outlet http://www.goldengooseoutletonline.us.com

Thanks so much for giving everyone an exceptionally superb chance to read critical reviews from this web site. It is usually very beneficial and also full of a great time for me personally and my office mates to search the blog a minimum of thrice every week to read the new issues you have got. And of course, I'm also at all times motivated with the dazzling tips and hints served by you. Selected 1 ideas in this post are indeed the most effective I have had.
supreme clothing http://www.supreme.us.org

I not to mention my pals ended up analyzing the excellent tips and hints on your web page and then before long I got a terrible feeling I never thanked the web site owner for those strategies. My women ended up consequently passionate to learn them and have honestly been loving them. Appreciate your truly being really thoughtful as well as for considering some really good issues most people are really desperate to know about. Our honest apologies for not saying thanks to sooner.
supreme shirt http://www.supreme.us.org

I want to voice my appreciation for your kindness in support of individuals that have the need for assistance with this matter. Your real commitment to getting the message all over was pretty informative and has surely empowered employees like me to achieve their pursuits. The invaluable key points means a great deal to me and extremely more to my mates. Warm regards; from each one of us.
supreme new york http://www.supremes.us.org

Thank you so much for giving everyone a very wonderful opportunity to read from this web site. It is often very ideal and packed with a good time for me and my office peers to search the blog really three times weekly to read the fresh secrets you will have. And lastly, I am just at all times motivated with your impressive ideas you serve. Some 3 tips in this posting are essentially the most impressive I have ever had.
cheap kyrie shoes http://www.kyrieirving-shoes.us.com

Hello! I've been following your website for a while now and finally

got the courage to go ahead and give you a shout out from Humble Texas!

Just wanted to mention keep up the great work!

Stop by my homepage - เว็บไฮไลท์ฟุตบอล

I have to express my passion for your generosity in support of those who should have guidance on this particular issue. Your personal commitment to getting the message all through had been exceptionally beneficial and has really encouraged associates just like me to attain their ambitions. Your entire valuable instruction can mean a great deal a person like me and further more to my fellow workers. Thank you; from each one of us.
moncler jackets http://www.monclerjackets.us

Hey! Do you use Twitter? I'd like to follow you if that would
be ok. I'm absolutely enjoying your blog and look forward to new
updates.

My web site: martindreyeracademy

I would like to get across my admiration for your kind-heartedness in support of men and women that really need guidance on this particular area of interest. Your personal commitment to getting the message up and down appears to be surprisingly informative and have consistently enabled professionals much like me to attain their desired goals. Your amazing invaluable information signifies a great deal a person like me and still more to my office colleagues. Best wishes; from everyone of us.
yeezy 380 http://www.yeezyboost380.us.com

I simply wanted to post a brief note to thank you for those marvelous hints you are sharing at this website. My extended internet investigation has at the end been compensated with professional know-how to write about with my neighbours. I would claim that many of us website visitors actually are very fortunate to exist in a decent community with very many perfect professionals with great tricks. I feel somewhat happy to have used your weblog and look forward to tons of more thrilling minutes reading here. Thanks a lot again for a lot of things.
supreme new york http://www.supremes.us.org

I really like your blog.. very nice colors & theme. Did

you create this website yourself or did you hire someone to do it for you?

Plz reply as I'm looking to design my own blog and would like to find out where u got this from.

appreciate it

Review my web page - วิเคราะห์บอลวันนี้

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.