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 have to get across my love for your generosity giving support to folks who need help with this one topic. Your real dedication to getting the solution across ended up being especially advantageous and have constantly allowed people like me to arrive at their endeavors. Your useful advice signifies much a person like me and substantially more to my peers. Regards; from all of us.
hermes handbags http://www.hermes-handbags.us.com

I simply wished to appreciate you again. I am not sure the things I might have tried without these tips shown by you on this subject. It was a real traumatic matter in my circumstances, but spending time with a expert manner you processed that forced me to leap with gladness. I am happier for this service and as well , trust you comprehend what an amazing job you were providing educating people today via your blog post. Probably you haven't encountered any of us.
golden goose shoes http://www.goldengoosesneakers.us.org

My wife and i got now peaceful Ervin could do his researching because of the ideas he obtained when using the web site. It is now and again perplexing just to find yourself making a gift of solutions that many other people might have been making money from. And we also take into account we need you to give thanks to because of that. Most of the illustrations you made, the straightforward blog navigation, the friendships you will make it possible to instill - it is mostly amazing, and it is helping our son and the family recognize that the topic is fun, and that's really important. Thanks for the whole thing!
air jordan http://www.cheapjordan.us

Thanks for your whole work on this web page. My mum delights in making time for research and it's simple to grasp why. My partner and i notice all regarding the powerful ways you present functional suggestions by means of this website and therefore welcome response from others on that matter so our own princess is now studying a whole lot. Have fun with the remaining portion of the new year. You're the one carrying out a good job.
off white outlet http://www.off-whitehoodie.com

I would like to get across my love for your kind-heartedness giving support to people who absolutely need help on this area. Your very own commitment to getting the message all over has been exceptionally important and have made others like me to achieve their ambitions. Your entire warm and helpful key points can mean this much a person like me and still more to my mates. Warm regards; from everyone of us.
kd shoes http://www.kd13shoes.us

I wish to show some appreciation to the writer just for rescuing me from such a problem. As a result of checking throughout the the web and obtaining tricks that were not productive, I was thinking my entire life was done. Existing minus the strategies to the difficulties you've solved as a result of this article is a crucial case, as well as the kind which may have in a wrong way affected my career if I had not noticed the blog. Your good talents and kindness in playing with all things was helpful. I am not sure what I would have done if I hadn't come across such a stuff like this. It's possible to at this point look ahead to my future. Thanks a lot so much for this high quality and amazing guide. I won't hesitate to propose your blog post to any person who needs to have support on this subject matter.
kyrie shoes http://www.kyrieirving-shoes.us.com

I have to express my thanks to the writer just for bailing me out of this type of issue. After checking throughout the search engines and obtaining suggestions which were not powerful, I was thinking my entire life was well over. Existing without the strategies to the difficulties you have sorted out all through your entire post is a crucial case, and those that might have badly affected my entire career if I had not encountered your site. Your main natural talent and kindness in taking care of the whole thing was very useful. I am not sure what I would've done if I had not come across such a solution like this. It's possible to now relish my future. Thanks so much for the expert and result oriented guide. I won't think twice to suggest the blog to any individual who will need support on this matter.
off white hoodie http://www.off--white.us.com

A lot of thanks for your own labor on this site. Debby take interest in setting aside time for research and it's easy to see why. A number of us know all about the lively manner you make functional guidance via your web blog and in addition strongly encourage participation from other ones on this point while our simple princess is in fact learning a lot of things. Take advantage of the remaining portion of the new year. You have been conducting a really good job.
curry 6 http://www.curry-6.us

My wife and i got really excited when Peter managed to finish up his preliminary research by way of the precious recommendations he made through your weblog. It's not at all simplistic to just continually be giving away hints that many others might have been making money from. And we fully grasp we need the website owner to give thanks to for that. These explanations you made, the straightforward web site navigation, the relationships you aid to foster - it's got most astonishing, and it is facilitating our son and the family reckon that the issue is awesome, and that is truly fundamental. Many thanks for all the pieces!
air jordan http://www.jordanshoes.us

I precisely had to appreciate you yet again. I am not sure what I would have achieved in the absence of the type of thoughts provided by you about such a theme. It had been a very troublesome issue in my position, nevertheless considering a new expert strategy you processed it took me to jump for delight. I'm thankful for this help and even sincerely hope you comprehend what a powerful job you were getting into training the rest all through your blog. Most probably you've never come across any of us.
supreme hoodie http://www.supremes-clothing.com

I truly wanted to write down a quick remark to say thanks to you for some of the great instructions you are posting on this site. My long internet lookup has at the end of the day been paid with excellent details to go over with my company. I 'd suppose that we site visitors actually are very endowed to live in a perfect website with very many perfect individuals with helpful pointers. I feel very much fortunate to have discovered your entire webpages and look forward to really more awesome minutes reading here. Thanks a lot again for everything.
off white nike https://www.offwhitesoutlet.com

Thank you a lot for providing individuals with remarkably wonderful opportunity to check tips from here. It is usually very excellent and as well , jam-packed with a great time for me personally and my office peers to search your blog at the least 3 times weekly to study the new items you will have. And definitely, I'm so certainly impressed with the breathtaking creative concepts you give. Selected two ideas in this post are honestly the simplest we have all had.
supreme t shirt http://www.supreme.us.org

I needed to write you a tiny word to say thanks again for these stunning techniques you've provided in this case. It was seriously open-handed of you to present extensively all that a lot of folks could have distributed for an e book in making some bucks for themselves, mostly now that you could possibly have tried it if you ever considered necessary. The tricks also served like the easy way to be certain that other people online have the identical fervor just like my very own to know a whole lot more in regard to this problem. I'm certain there are thousands of more fun situations up front for people who see your blog post.
kobe 11 http://www.kobebasketballshoes.net

I would like to voice my affection for your generosity giving support to persons who really need help with this particular niche. Your personal dedication to getting the solution all over had become exceptionally informative and have continually helped regular people much like me to arrive at their targets. Your amazing insightful publication implies a great deal to me and additionally to my office workers. With thanks; from everyone of us.
yeezy boost 350 http://www.yeezy-350.us.com

Thanks a lot for giving everyone an extremely superb chance to read articles and blog posts from here. It can be very fantastic and also jam-packed with a good time for me personally and my office colleagues to search your blog a minimum of three times a week to see the new secrets you have got. Of course, I'm also usually pleased with the splendid advice you serve. Certain 3 facts in this post are rather the simplest we have ever had.
adidas yeezy http://www.adidasyeezyboost350.us.com

I simply had to appreciate you again. I'm not certain what I would have undertaken in the absence of the tips and hints revealed by you about this area. It previously was the troublesome issue for me personally, however , spending time with the well-written technique you resolved it forced me to weep for delight. I'm just happy for the assistance and as well , sincerely hope you are aware of a great job that you're putting in training the mediocre ones all through your web site. I'm certain you've never encountered any of us.
curry 7 shoes http://www.curry-7.com

I precisely needed to thank you very much again. I do not know what I would've taken care of in the absence of the points provided by you directly on this field. Entirely was an absolute terrifying problem in my position, nevertheless considering your skilled approach you dealt with it forced me to leap for delight. I'm just thankful for the service and have high hopes you find out what a great job you are always doing teaching the mediocre ones through a web site. Most likely you haven't got to know all of us.
golden goose http://www.golden-gooses.com

Needed to compose you one little bit of word to help say thanks a lot as before with the exceptional tactics you've contributed above. It has been surprisingly generous with you to present extensively exactly what a few people could possibly have distributed for an e book to help with making some profit on their own, even more so given that you could possibly have tried it if you ever wanted. The solutions additionally acted to provide a easy way to fully grasp that someone else have similar fervor just as my very own to see significantly more on the topic of this condition. I am certain there are many more pleasant sessions up front for those who read your site.
jordan 13 http://www.jordan13.us.com

I as well as my friends ended up following the great guidelines on your web page and then instantly got an awful suspicion I had not thanked the site owner for those techniques. The guys were definitely for this reason very interested to see all of them and now have sincerely been making the most of those things. Thank you for getting so kind as well as for obtaining some cool tips most people are really desperate to discover. My personal sincere regret for not saying thanks to sooner.
jordan shoes http://www.shoesjordan.us.com

I have to show my thanks to this writer for bailing me out of this type of issue. As a result of checking throughout the internet and getting opinions which are not pleasant, I thought my life was well over. Being alive without the approaches to the problems you've sorted out all through your blog post is a crucial case, and ones which could have badly damaged my career if I had not encountered your site. Your own natural talent and kindness in playing with all the pieces was very useful. I'm not sure what I would've done if I hadn't come across such a thing like this. It's possible to at this time look ahead to my future. Thanks a lot very much for the reliable and sensible help. I won't be reluctant to suggest the blog to any person who wants and needs care on this issue.
golden goose outlet http://www.goldengooseoutlets.us

Thank you for all of the efforts on this web site. Kate take interest in engaging in research and it's really obvious why. Most of us hear all concerning the powerful manner you give vital tips and hints by means of the blog and even welcome participation from visitors on this area so our own princess is always learning a whole lot. Take pleasure in the rest of the year. Your conducting a glorious job.
golden goose http://www.golden-gooses.com

I wanted to create you that very little remark to say thanks as before over the precious basics you have featured at this time. It was really tremendously generous of you to convey without restraint all that most people would've offered for an e book to get some bucks for their own end, certainly considering the fact that you could have done it if you ever desired. These tips likewise worked to provide a great way to realize that most people have similar dreams much like mine to know the truth much more in respect of this matter. I know there are many more pleasant opportunities up front for many who looked at your website.
hermes http://www.hermes-handbags.us.com

I wanted to draft you this very little remark to finally give many thanks again on your great principles you have contributed here. This has been certainly generous with people like you to provide unhampered exactly what many of us might have sold for an e-book to help with making some bucks for themselves, specifically seeing that you could possibly have tried it if you decided. These tactics in addition acted as a easy way to be aware that most people have the identical zeal much like my very own to figure out very much more when it comes to this issue. I'm certain there are millions of more pleasant situations ahead for individuals who start reading your website.
supreme hoodie http://www.supremeclothingsstore.com

I simply had to thank you so much once more. I am not sure the things that I would've done in the absence of those pointers discussed by you on such a theme. Previously it was an absolute depressing setting in my opinion, but observing this professional strategy you handled it forced me to jump for fulfillment. I am just grateful for your guidance and thus sincerely hope you comprehend what a powerful job your are carrying out educating most people thru your site. I'm certain you've never got to know any of us.
kyrie irving shoes http://www.kyrie7shoes.us

I simply desired to thank you so much all over again. I'm not certain the things I could possibly have created without those pointers contributed by you on my field. It had become the scary concern for me personally, but looking at the specialized way you dealt with the issue took me to leap over gladness. Extremely thankful for the work and in addition wish you are aware of an amazing job your are doing training others through your blog post. I know that you've never come across all of us.
pg 1 http://www.paulgeorge.us.com

I wanted to draft you this little word just to thank you very much the moment again for your pleasant methods you have discussed above. This has been simply wonderfully open-handed with people like you to offer unhampered just what a lot of people would've distributed as an e-book to generate some cash on their own, chiefly now that you could have tried it in case you wanted. Those creative ideas in addition served to become fantastic way to be sure that some people have similar dreams really like my very own to learn great deal more concerning this condition. I believe there are some more fun moments ahead for individuals that view your blog post.
kyrie 6 http://www.kyrie-6.com

I simply desired to appreciate you once again. I'm not certain the things that I would have followed without the recommendations discussed by you on such area of interest. This has been a real frightful dilemma in my position, however , witnessing a well-written fashion you resolved that made me to cry over happiness. I am happy for this help and then pray you know what an amazing job you are accomplishing teaching most people all through your webblog. I am certain you've never come across any of us.
off white hoodie https://www.offwhitesoutlet.com

I intended to put you that little remark to say thank you as before relating to the breathtaking solutions you've shown in this case. This is certainly seriously generous of you to make freely all many people would have supplied for an electronic book to get some bucks for themselves, primarily given that you could have tried it in the event you decided. The tactics in addition acted like the fantastic way to comprehend other individuals have the same interest like my personal own to know the truth a great deal more when considering this issue. I am sure there are numerous more pleasurable occasions up front for people who scan your blog post.
kyrie shoes http://www.kyrieirvingshoes.us.com

I have to express my appreciation to this writer for rescuing me from this particular challenge. Just after scouting throughout the world-wide-web and getting basics that were not beneficial, I assumed my entire life was done. Living without the answers to the difficulties you've solved through your main site is a crucial case, as well as the kind which could have badly affected my entire career if I hadn't come across your blog post. Your main skills and kindness in playing with every item was priceless. I'm not sure what I would have done if I hadn't discovered such a thing like this. It's possible to at this point relish my future. Thanks for your time so much for the reliable and results-oriented guide. I won't think twice to suggest the blog to anyone who would like counselling on this matter.
jordans shoes http://www.jordansshoes.us.org

Thanks a lot for providing individuals with an extremely terrific possiblity to read articles and blog posts from this website. It is often so lovely and also packed with fun for me and my office colleagues to visit your web site at a minimum 3 times weekly to see the latest items you will have. And indeed, we are always pleased for the special points you give. Selected 3 ideas in this posting are undeniably the most suitable we've had.
supreme clothing http://www.supremesonline.com

I simply desired to say thanks once more. I do not know the things I could possibly have undertaken without the entire pointers documented by you on that industry. Certainly was the horrifying issue in my opinion, nevertheless observing your specialised approach you resolved it made me to leap for joy. I'm just grateful for the service and then trust you recognize what a powerful job your are accomplishing training people through your blog post. Most probably you've never come across all of us.
golden goose http://www.goldengooseoutletstore.com

I intended to draft you this bit of observation to help say thanks over again on your incredible suggestions you've shared at this time. This has been surprisingly open-handed with people like you to offer easily all a lot of folks could possibly have made available as an ebook in order to make some profit for their own end, precisely considering that you could possibly have tried it in case you desired. These inspiring ideas as well served to be a great way to be sure that some people have similar interest similar to my personal own to understand very much more in regard to this issue. Certainly there are several more fun times in the future for individuals that start reading your site.
stephen curry shoes http://www.stephcurry.us

I am also commenting to let you know what a really good encounter my wife's child developed studying your web page. She came to understand plenty of things, which include what it is like to have an awesome giving style to have other individuals quite simply master a number of extremely tough subject areas. You undoubtedly exceeded my expected results. Many thanks for distributing such warm and helpful, dependable, educational and also cool tips about that topic to Jane.
golden goose outlet http://www.goldengooseoutletonline.us.com

I needed to draft you this little bit of observation to help say thanks a lot as before for your personal great solutions you've shared on this site. This is so particularly open-handed with people like you giving easily what exactly a few individuals would've distributed as an electronic book in making some money for their own end, especially given that you might well have tried it if you decided. Those things in addition acted to become a good way to be sure that many people have the identical interest just like my own to figure out much more on the topic of this problem. I know there are a lot more pleasant situations up front for individuals that start reading your blog post.
moncler http://www.monclerjackets.us

I am not sure where you're getting your info, but good topic.

I needs to spend some time learning more or understanding more.

Thanks for great information I was looking for this

information for my mission.

Feel free to surf to my web page ... Hans

Oh my goodness! Awesome article dude! Many thanks, However I am experiencing issues with your RSS.

I don't understand the reason why I cannot subscribe to it.

Is there anyone else getting the same RSS issues?

Anyone that knows the answer will you kindly respond?

Thanks!!

Feel free to visit my web page: Cathryn

My partner and I absolutely love your blog and find the

majority of your post's to be what precisely I'm looking for.

Do you offer guest writers to write content for you personally?

I wouldn't mind creating a post or elaborating on most of the subjects you write related

to here. Again, awesome web site!

Also visit my page: Bradly

I'm extremely impressed with your writing skills and also 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 is rare to

see a nice blog like this one nowadays.

Here is my page Brandie

I wish to point out my gratitude for your kind-heartedness for individuals who really want assistance with this concern. Your personal commitment to passing the solution across was exceptionally productive and have frequently encouraged guys like me to arrive at their pursuits. Your amazing useful recommendations implies much a person like me and especially to my mates. Best wishes; from all of us.
kyrie 6 shoes http://www.kyrie-6.com

Thanks so much for providing individuals with an exceptionally terrific possiblity to read from this web site. It is usually very superb and as well , packed with a lot of fun for me and my office peers to visit your website minimum 3 times every week to read the new secrets you have got. And lastly, I am at all times fulfilled considering the fantastic knowledge you give. Selected 4 tips in this posting are really the best we've ever had.
kd shoes http://www.kevindurantshoes.us.com

Needed to compose you one bit of word to finally thank you so much as before on the wonderful guidelines you have contributed on this site. It was really shockingly generous with people like you to provide easily what exactly a number of us would have supplied as an e book to help with making some profit for themselves, even more so now that you might well have tried it if you wanted. These points as well acted as the fantastic way to know that other individuals have the identical interest much like my very own to grasp a good deal more when it comes to this matter. I think there are a lot more pleasant occasions up front for individuals that find out your site.
kyrie 5 spongebob http://www.kyrie5spongebob.us

I just wanted to make a simple comment to appreciate you for the fantastic steps you are showing on this site. My time consuming internet look up has at the end been paid with beneficial concept to write about with my colleagues. I would declare that most of us website visitors actually are really endowed to live in a wonderful site with very many marvellous professionals with insightful tricks. I feel very happy to have used your entire web page and look forward to many more cool minutes reading here. Thank you once more for everything.
a bathing ape http://www.bathing-ape.us

I must express my respect for your kindness supporting individuals that really need help on that theme. Your special commitment to getting the message around was really beneficial and has really made girls just like me to arrive at their dreams. Your new helpful advice implies a great deal a person like me and further more to my fellow workers. Thanks a ton; from everyone of us.
golden goose sneakers http://www.goldengoosesneakers.us.org

I have to show appreciation to this writer for bailing me out of this particular matter. As a result of checking throughout the the web and getting basics that were not productive, I believed my life was well over. Being alive minus the approaches to the difficulties you have resolved as a result of your website is a crucial case, as well as those that would have in a wrong way affected my entire career if I had not discovered your web page. Your talents and kindness in handling all areas was very useful. I am not sure what I would have done if I had not come upon such a subject like this. It's possible to at this time look forward to my future. Thanks a lot so much for the professional and result oriented guide. I will not think twice to recommend your site to anyone who should have support on this problem.
off-white http://www.off-whites.us

I am also commenting to let you understand what a fantastic encounter my friend's princess went through viewing your web site. She figured out numerous details, which include what it's like to have an amazing giving character to have other folks really easily gain knowledge of a number of very confusing topics. You truly did more than readers' expected results. Thanks for delivering such good, trusted, edifying and even easy guidance on this topic to Gloria.
steph curry shoes http://www.stephcurryshoes.com

I needed to write you this very little note to finally say thanks again about the breathtaking concepts you have featured on this site. It was certainly extremely generous of you in giving extensively what some people could have advertised as an e book to help make some money for their own end, most notably seeing that you might well have tried it if you ever considered necessary. The tips additionally served like a great way to recognize that someone else have the identical desire just as my personal own to know the truth much more when considering this issue. I know there are numerous more pleasant instances ahead for individuals that go through your site.
yeezy 500 http://www.yeezy-shoes.us.org

My wife and i got now lucky that Ervin managed to conclude his research through the ideas he received when using the web site. It is now and again perplexing just to always be releasing information others could have been making money from. We really discover we need you to give thanks to for this. The type of explanations you've made, the easy blog navigation, the relationships you will give support to promote - it is all remarkable, and it's helping our son and our family feel that the issue is amusing, which is certainly wonderfully important. Thank you for everything!
moncler outlet http://www.monclersoutletstore.com

I want to point out my passion for your generosity for men and women who require help on this important field. Your real dedication to getting the solution all around appears to be astonishingly interesting and has in every case helped ladies much like me to reach their ambitions. Your new important help and advice denotes this much to me and even further to my mates. Thank you; from everyone of us.
off-white http://www.off-whites.us

I do not even know how I ended up here, but I thought this post was great.

I do not know who you are but definitely you're going to a famous blogger

if you aren't already ;) Cheers!

My website - Felicia

I happen to be writing to make you be aware of what a really good encounter my child encountered going through your web site. She learned several issues, which included what it's like to possess an awesome giving mood to have certain people without difficulty know just exactly specified tricky subject matter. You really exceeded my expected results. Thanks for offering the precious, trustworthy, edifying and in addition unique tips about your topic to Julie.
off white http://www.offwhitehoodies.us

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.