The sections whose disabilities are named were repealed by the 1996 Act 2019. With regard to legal capacity, article 1502 of the Civil Code provides that a person may be bound as long as he or she has legal capacity, which translates into legal capacity. The objective is to eliminate States of prohibition and the inability of persons with disabilities to grant them the full capacity to enter into legal acts, including their participation in civil, professional and commercial life and their participation in the courts, the will of which must be duly taken into account. On 26 August 2019, the Government approved the law guaranteeing the right to full legal capacity of adults with disabilities, making use of the necessary assistance and providing adequate guarantees for proper exercise. On the other hand, legal incapacity is the absence of legal capacity, there is no inability to enjoy it, insofar as the incapable are holders of rights. Incompetence is a reason to compensate for the actions in which the person acts, it is not a diminution of the qualities of the person, it is a question of protecting those who are disadvantaged for the legal world. The incompetent is the one who deserves the protection of the state, there is absolutely incompetent and relatively incapable. The law is based on the presumption that every person has legal capacity and that it is only in cases expressly provided for in the same law that it must be presumed that a person is not in a position to assume responsibility or to exercise or claim rights under these conditions. In view of the fact that the figure of prohibition has recently disappeared from the Colombian legal system, alternatives are proposed that currently exist in the legal system for the protection and management of property and that can be used by persons with disabilities. It also includes a proposal for a decision support system designed within the framework of the project concerned. Legal capacity arises at the beginning of each person`s legal existence, that is, in accordance with the Colombian Civil Code (art.
90), at the time of birth. The capacity of the Colombian people is twofold: the capacity for pleasure and the juridical capacity, the first, is part of the attributes of personality and is the possibility that each person acquires rights by the mere fact of being a person, it is a legal presumption iuris et de jure, therefore it does not prove the contrary; The second, consists in the power to engage without the service of others, here the person does not acquire rights, but concludes obligations, it is a legal presumption iuris tantum, so proof to the contrary allows. Legal capacity is the most essential characteristic of a person`s legal personality, which is considered to be the capacity to hold rights and exercise them autonomously. With the enactment of the law, important changes were made to the civil law institutions regulating obstruction and prohibition. It is certainly a valuable effort on the part of Congress, its implementation will be a great effort on the part of the government, judges, the disabled and their supporters. The law stipulates that everyone has legal capacity, except those who consider or declare the law incompetent (Civil Code, art. 1503). As already mentioned, acts may be null and void and it should be noted that nullity is a legal sanction for an act that does not meet the legal requirements necessary to consolidate its validity. «Inpuberty is absolutely incapable. Their actions do not even create natural obligations and do not allow security. Pubertal minors are also unable to work.
But the incompetence of these people is not absolute and their actions may have value in certain circumstances and in certain aspects established by law. In addition to this incapacity, there are other special measures, which consist of the prohibition that the law has imposed on certain persons from performing certain acts. The law provides for two types of disability; Absolute and relative. The law determines the changes that will be made to the legal system. The most important are those that have regulated; The absolute and relative inability of opportunities to obtain and lose possession of persons with disabilities, representation of persons with disabilities and shared responsibility for crimes and errors of persons with disabilities, including amendments to the General Rules of Procedure and the Code of Children and Youth. In summary, it can be said that the spirit of the legislature was to assume indiscriminately the legal capacity of every human being and that the existence of a disability could not be a reason to limit the power to be bound, much less the right to decide that a person makes the figure of the «prohibition» disappear for such a reason with the 1996 law of 2019. The main differences between absolute and relative disability are as follows: In this context, the same Civil Code, article 1504, provides as follows: The adoption of the 1996 Act was an important step in promoting the self-determination of persons with disabilities and their effective participation in society. For Asdown Colombia and organizations such as Paiis, the Community Mental Health Node and the Open Society Foundation, this is a transcendental achievement after many years of efforts that Colombia strives to make in accordance with the United Nations Convention on the Rights of Persons with Disabilities. The 1996 Act guarantees respect for human dignity, individual autonomy, including the freedom to make one`s own choices, the independence of the person and, finally, the right to non-discrimination; These principles and rights are enshrined in the Convention on the Rights of Persons with Disabilities, ratified by Colombia, which aims to eliminate exemption models in order to make the disabled person the centre and protagonist of his or her life project.
Within a maximum period of one (1) year from the issuance of the assessment guidelines referred to in Article 12. Legal capacity makes it possible to establish, modify or terminate legal relationships voluntarily and under one`s own responsibility. Legal capacity confers on the person the obligation, such as signing a contract, but if the person signing the contract does not have legal capacity, this contract or transaction will show signs of nullity, nullity, which may be absolute or relative. It is the ability that the law grants to one person to be able to bind himself without the intervention or approval of another. The standard calls this a classification of «specific measures» to ensure the right to full capacity of persons with disabilities. Within a maximum period of one (1) year from the coming into force of the Act. In addition, nullities must always be pronounced by a judge. The support assessment service may be provided by public or private bodies in accordance with regulations issued by the national government. Legal capacity is closely related to willpower, understood as the psychological capacity that the individual or person must choose whether or not to perform a particular action, and depends directly on the desire and intention to perform a particular action or fact. It is also related to the person`s ability to make decisions without being subject to restrictions; free, without causal sequence, imposition or necessity. The conclusion of agreements may not be extended for a period exceeding five years, after which each of the procedures provided for by law for the introduction of new support must be exhausted.
The prohibition, which is obviously surrounded by the safety and protection of disabled persons, completely eliminates the legal capacity of the person concerned by a judicial declaration. This means that a person who is under the ban will not be able to make decisions relevant to his life (signing contracts, bank account, marriages, medical procedures, etc.), and it will be a third party who will fully adopt the conceptions of his life.