Law and vulnerability: minors, persons with disabilities and companion animals - DERVUL

Reference of the Group:

GIUV2022-532

 
Description of research activity:
The group's research activity will focus on the protection of vulnerable groups, to which legislators have been paying greater attention for some time. In particular, the following 3 areas will be the subject of the group's research: a) Minors: many issues arise around minors and all of them are related to the exercise of their capacity to act and the power of parental control by those who exercise parental authority. That is why the group's research will focus on the problems that arise in relation to issues deeply rooted in the Spanish youth of our time such as the use of mobile phones and any restrictions set by parents, access to the Internet and the use made of it (youtubers who are minors, minors who share content that affects personality rights such as the right to one's own image, etc.), the possibility of deciding to have a tattoo or piercing on their body (and, where appropriate, parents' power to prohibit it), damage to third parties or to third party property caused by the intentional or reckless behaviour of minors, etc., b) Persons with disabilities: the protection and promotion of the rights of persons with disabilities has been increased in our time with the...The group's research activity will focus on the protection of vulnerable groups, to which legislators have been paying greater attention for some time. In particular, the following 3 areas will be the subject of the group's research: a) Minors: many issues arise around minors and all of them are related to the exercise of their capacity to act and the power of parental control by those who exercise parental authority. That is why the group's research will focus on the problems that arise in relation to issues deeply rooted in the Spanish youth of our time such as the use of mobile phones and any restrictions set by parents, access to the Internet and the use made of it (youtubers who are minors, minors who share content that affects personality rights such as the right to one's own image, etc.), the possibility of deciding to have a tattoo or piercing on their body (and, where appropriate, parents' power to prohibit it), damage to third parties or to third party property caused by the intentional or reckless behaviour of minors, etc., b) Persons with disabilities: the protection and promotion of the rights of persons with disabilities has been increased in our time with the enactment of Law No. 8/2021, of 2 June, which reforms civil and procedural legislation to support persons with disabilities in the exercise of their legal capacity. It has entailed a paradigm shift and a change in the status of persons with disabilities, traditionally understood to be dependent persons who need to be provided with lassistance by the law. Now, they are seen by seen by legislators not from the point of view of prevention, but from the autonomy of their actions, insofar as it has provided a system that allows them to exercise their legal capacity on equal terms with others, with cases of actions representing their will (de facto guardianship) to cases of more severe illness that leads to the subject's total helplessness in legal transactions, due to their total inability to understand and accept the legal procedures in question, c) Companion animals: with the approval of Law No. 17/2021, of 15 December, amending the Civil Code, the Mortgage Act and the Civil Procedure Act, on the legal regime of animals (LRJA, hereinafter), the adaptation of Spanish civil legislation to the new social sensitivity that now prevails towards animals. Traditionally, they were considered by the Civil Code to be "things", from which, especially when forming a group incorporated into a farm for economic exploitation (dovecotes, hives, fish ponds or similar hatcheries, etc.), it was possible to obtain an economic benefit. The new regulation of animals changes their status, as is now specified in art. 333 bis CC that "Animals are living beings endowed with sensitivity", although they are "applicable to the legal regime of goods and things insofar as it is compatible with their nature or with the provisions intended for their protection". In particular, Law No. 17/2021 is particularly sensitive to the fate of companion animals, regarding which there are some prohibitions (impossibility of being subject to mortgage, pledge or seizure) that aim to guarantee their welfare, a rule (that of animal welfare) that seems to be substantiated by the need to continue in the custody of their owners in view of the special bond of affection that binds them with the family with which they live.
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Web:

No Determinada

 
Scientific-technical goals:
  • Contribuir al avance en las materias señaladas, mediante publicacion de materiales cientificos, organizacion de Congresos y divulgacion de resultados.
 
Research lines:
  • MINORS.Study of minors' capacity to act and the possible limits imposed by the law and their parents.
  • PERSONS WITH DISABILITIES.Study of the new legal status of persons with disabilities. Independent exercise of legal capacity by persons with disabilities and cases of representative action by third parties.
  • COMPANION ANIMALS.Study of the new legal status of animals, with special analysis of the situation of so-called "pets" after the reform.
 
Group members:
Name Nature of participation Entity Description
PEDRO CHAPARRO MATAMOROSDirectorUniversitat de València
Research team
JUAN ANTONIO TAMAYO CARMONAMemberUniversitat de València
MARIA PILAR MONTES RODRIGUEZMemberUniversitat de València
VICTOR MORENO SOLERMemberUniversitat de València
JULIO ESPLUGUES GARCIAMemberUniversitat de València
PABLO MURUAGA HERREROMemberUniversitat de València
JOSEFINA ALVENTOSA DEL RIOCollaboratorUniversitat de València
MARIA JOSE REYES LOPEZCollaboratorUniversitat de València
PILAR MARIA ESTELLES PERALTACollaboratorUniversidad Católica de Valencia San Vicente Mártirpre-tenured lecturer
JOSE RAMON DE VERDA BEAMONTECollaboratorUniversitat de València
JOSE CARLOS PEDROSA LOPEZCollaboratorUniversitat de València
ISABEL JOSEFA RABANETE MARTINEZCollaboratorUniversitat de València
FERNANDO HERNANDEZ GUIJARROCollaboratorUniversitat Politècnica de Valènciatenured university professor
JUAN MARIA MARTINEZ OTEROCollaboratorUniversitat de València
GONZALO MUÑOZ RODRIGOCollaboratorUniversitat de València
ALVARO BUENO BIOTCollaboratorUniversitat de València
JOSE MARIA CARDOS ELENACollaboratorUniversitat de València
JOSE MARIA CARDOS ELENACollaboratorAutònomolawyer
Adrián Arrébola BlancoCollaboratorUniversidad Complutense de Madridfull-time trainee professor (doctor)
Marta Ordás AlonsoCollaboratorUniversidad de Leónfull university professor
Guillermo Cerdeira Bravo de MansillaCollaboratorUniversidad de Sevillatenured university professor
Isabel Zurita MartínCollaboratorUniversidad de Cádizfull university professor
María Dolores Cervilla GarzónCollaboratorUniversidad de Cádizfull university professor
María Amalia Blandino GarridoCollaboratorUniversidad de Cádiztenured university professor
Víctor Bastante GranellCollaboratorUniversidad de Almeríapre-tenured lecturer
Federico Arnau MoyaCollaboratorUniversitat Jaume Ipre-tenured lecturer
María Pilar Gutiérrez SantiagoCollaboratorUniversidad de Leónfull university professor
Carlos Villagrasa AlcaideCollaboratorUniversitat de Barcelonatenured university professor
JOSÉ JAVIER MARTÍNEZ CALVOCollaboratorUniversidad de Zaragozatenured university professor
MANUEL GARCÍA MAYOCollaboratorUniversidad de Sevillatenured university professor
 
CNAE:
  • -
 
Keywords:
  • menores de edad; capacidad de obrar; control parental; responsabilidad por daños causados por menores de edad.
  • capacidad jurídica; medidas de apoyo; poderes preventivos; curatela; autocuratela; guarda de hecho; defensor judicial.
  • animales de compañía; bienestar animal; crisis familiares; hipoteca; prenda; embargo.