Action of divorce. Tutors' legitimization

Commentary on the Tribunal Supremo of 21 september 2011

Abstract

The tutors of an incapacitated married person can exercise the action of divorce in name of that one, providing that for his conditions it could not act for yes same. Of it there is not deduced that the tutors could exercise the arbitrary above mentioned action, but they must justify that there exists an interest of the unable one to obtain the dissolution of the marriage, as well as obtain judicial authorization for the above mentioned exercise. See STC of December 18, 2000.