Legal capacity (Italy)
Legal capacity ( capacitá giuridica ) in Italian jurisprudence is the capacity provided by law to be able to bear rights and obligations.
The term is therefore directly related to that of the legal subject ( soggetto ) and the legal object ( oggetto ): legal objects can only be the subject of legal transactions , but cannot justify them. Everyone is considered a legal subject, regardless of age, gender and origin; The legal institutions of slavery and serfdom , which are characterized by the fact that a person forms a legal object in them or only has limited legal capacity, are not permitted in the Italian legal system. Article 3 of the constitution expressly stipulates that all citizens (today interpreted in terms of people ) are equal before the law; Art. 22 forbids withdrawing legal capacity for political reasons.
In addition to physical persons ( persone fisiche ), corporations ( enti ) can also be granted legal capacity; in this case one speaks of a "legal person".
To distinguish it from the legal capacity, the ability to act and the offense ability .
