The contractual capacity of people with disabilities in the Spanish Civil Code and in the 2023 modernization proposal

With the reform of the Spanish Civil Code in 2021 regarding support for persons with disabilities, the legislator intended to change the paradigm in the legal treatment of these persons, with special emphasis on what refers to their capacity to act in legal transactions. Naturally, this affects the regulation of the contractual capacity of persons with disabilities, which, according to the intention of the legislator of 2021 expressed in the preamble of Law 8/2021, is intended to be equal to that of persons without disabilities. What is intended to be seen in this work is whether, with the current regulation after 2021 and in the Proposal for modernization of the Civil Code on obligations and contracts of 2023, this wish of the legislator has been fulfilled or, in fact, people with disabilities affecting their volitional and cognitive ability continue to have limitations in their capacity to contract.