Lexipedia

Capacity to have rights

Capacity to have rights is the legal ability of a person to be the holder of rights and duties under private law.

In Swiss civil law, capacity to have rights means that a legal subject can possess rights and obligations. Natural persons have it from birth until death, while legal entities acquire it according to the rules governing their constitution and registration. It differs from capacity to act: a child can own property or inherit, even if representatives must exercise rights on the child’s behalf. Capacity to have rights underpins personality rights, ownership, succession, contractual positions, and liability as a bearer of legal interests.