Legal capacity

from Wikipedia, the free encyclopedia

In the laws of different countries designated capacity , the ability to escape even through legal declarations (. Eg a contract ) to bind effectively. The regulations serve to protect those whose intellectual development does not have the necessary degree of insight to participate in legal transactions. The full legal capacity is linked to the age of majority .

The legal capacity is to be distinguished from the legal capacity , i.e. from the capacity to be the bearer of rights and obligations. Natural persons have legal capacity from birth .

Legal situation in Germany

In Germany, the existence of the legal capacity can be judicially determined as not given in serious cases in which persons “are in a state of pathological disruption of mental activity which excludes the free determination of their will” ( § 104 , § 105 BGB ). As a rule, an expert opinion must be obtained for this.

A disenfranchisement with the consequent constitutive (i.e. binding for all legal transactions ) determination of legal incapacity has not existed since the introduction of the care law in 1992; previously this was the case with incapacitation due to mental illness.

Even with established and officially documented incapacity, i. d. R. the right to carry out everyday business ( § 105a BGB) is not affected. While a contract is usually void in the event of legal incapacity ( Section 105 BGB), contracts under the Housing and Care Contract Act are only temporarily ineffective , as is otherwise the case with minors over 7 or with an ordered reservation of consent ( Section 4 (2 ) WBVG ).

Legal situation in countries of the Romance legal family

In the countries of the Romansh legal group , minors are generally bound by a contract they have concluded, but have the opportunity to contest the contract by filing a lawsuit . The German legal system distinguishes between business un capable and limited legal capacity whose contracts until the consent of their legal representative provisionally invalid are. Finally, the common law prevailing in many English-speaking countries does not have a comprehensive legal representation and thus also general legal capacity; instead, casuistic emphasis is placed on the minor's worth of protection in individual cases. Of particular importance is the doctrine of the necessaries , according to which a young person only has to pay a reasonable price instead of the contractually agreed price for contracts for things that are appropriate and useful for his lifestyle .

Legal situation in individual states

See also

Web links

Wiktionary: Legal capacity  - explanations of meanings, word origins, synonyms, translations