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SOME CRITICISMS TO THE COMMON LAW AND ESPECIALLY TO THE INCAPACITIES OF THE OLDER ADULT IN THE CHILEAN LAW
This work analyzes the old age, from the perspective of civil law and specifically from the capacity. In Chile there has been progress in the protection of the elderly from a public policy, but has not been the same concern with regard to older adults as subjects of law. The gaze of our legislation toward the elderly, from the capacity, is extremely limited and pays little respect for their individual rights. This conclusion can be reached after analyzing the rules governing the dementia –as a criterion for protection of the elderly and promotion of his diminished capacity–, and how it could be trying to achieve a greater autonomy in old age, through the regulation of the Civil Code, which shows how impotent in this regard.