Abstract

VARGAS AIZA, Ismael. The granting of the will of the person with disabilities: A critical analysis of the application of the social model of disability based on human rights in the notarial function. Rev. Jur. Der. [online]. 2025, vol.14, n.22, pp.43-58.  Epub Oct 10, 2025. ISSN 2413-2810.

This paper analyzes the will of a person with a disability within the framework of the social model of disability based on human rights, based on the Convention approved by the UN in New York. The research is introduced within the interpretive hermeneutic paradigm, seeking to interpret phenomena and concepts through different methods. The objective is to generate theoretical contributions to the construction of the new regime of legal capacity in the theory of legal acts, highlighting the figure of the notary as support for the person with a disability based on the experience of the Spanish reform. It is based on the idea that without the application of the social model of disability based on human rights, the Latin-style notary system currently represents the main barrier or limitation for people with disabilities to execute a will in notary offices.

Keywords : The will of persons with disabilities; Notarial judgment of capacity; the theory of the legal act; Epistemological construct.

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