ABSTRACT

In some countries, the Convention, by setting new standards for the protection of persons with disabilities, provided the impetus for further and ever deeper modifications to the regulation of active legal capacity (in countries like France, Germany, England and Wales, and Northern Ireland, for example). It should be clearly emphasised that the transposition of CRPD Article 12 into common law systems did not require such profound changes. The range of legal instruments enhancing the applicability of the assisted model, in which the focus is on supporting a person with disabilities to make decisions and perform legal acts independently, has also been expanded. Analyses of national solutions to changes in the regulation of the active capacity of natural persons put into relief several discernible general directions and trends regardless of the factual legal system in which the transposed CRPD Article 12 is analysed.