In recent times, under the provisions of the EC, and the influence of the United Nations Convention on persons with disabilities, both the regulation of incapacitation and the interpretation of it by our courts has suffered in our law an important evolution as a system of protection of persons, that has even determined a change in the terminology, being called persons with the capacity modified judicially. Our legislation provides that you can only limit the capacity of people in court for the reasons indicated in the law, being fundamental the impossibility of governing themselves. The sentence will establish the scope of the limitation of the person?s capacity, there is currently a tendency to adapt to the needs of the same limitation, and can be modified in a new process if the physical or mental conditions and selfgovernment of the incapable, since the sentence does not have the efficacy of res judicata. Although it should be noted that a Draft Law on the reform of the legislation on disability has been presented which proposes the elimination of incapacitation and its replacement by certain measures to support the disabled