Bill 130.

Summary.

The bill aims to eliminate pejorative terms used to refer to persons with disabilities in the Civil Code and other laws in force, as well as provisions that prevent the full exercise of their legal capacity. It renames Chapter III of Title 1 of Book One to refer to legal personality and the end of the existence of natural persons. The revised Article 45 recognizes the legal personality of all persons without distinction, provides for supported decision-making for persons with disabilities, and allows them to freely request or designate the reasonable accommodations or support they require.

Regarding administration and possession, the amendment to Article 53 gives preference, when more than one grandparent seeks to administer an absent person's property, to the one who demonstrates greater competence for that role. Article 429 allows minors, persons with disabilities, and persons deemed incapable by law to acquire possession. It requires the assistance of legal representatives for minors and persons deemed incapable by law to exercise their rights, and directs the State to provide decision-making support mechanisms for persons with disabilities.

Regarding succession, the bill amends the ground for disqualification from inheritance in Article 641 concerning a relative who failed to look after the welfare of a deceased person with a disability or who had been abandoned. It revises the conditions that prevent a person from serving as a witness to a will under Article 713. The amendment to Article 778 makes freedom to dispose of property by will conditional on securing maintenance for those entitled to it, including a spouse and children with disabilities for as long as they need it. Article 815 passes the maintenance obligation provided for there to the heirs and regulates its duration in cases of temporary or severe disability.

Regarding legal acts and contracts, Article 1114 bars unemancipated minors from giving consent. For the specified ground of nullity, Article 1141 limits absolute incapacity to minors who have not reached puberty. Article 1645 makes the father and mother jointly and severally liable for harm caused by minor children who live with them and are under their authority. Article 1671 suspends the ordinary limitation period for minors and persons with disabilities, and in all cases between spouses.

For laws in force, the bill requires certain terms referring to disabilities to be replaced with “person with a disability.” For specific conditions, it refers to the most recent national legislation or, failing that, to the international instrument adopted by the Republic of Panama that provides the broadest human rights protection. It extends that terminology to public, official, and judicial acts. It identifies the amended provisions of the Civil Code, directs the Executive Branch (Órgano Ejecutivo) to issue implementing regulations within 90 days of the law’s entry into force, and sets that entry into force for the day after its promulgation. Its provisions concern the Executive Branch, persons with disabilities and their families, notaries, judicial personnel, and those involved in civil and succession matters.