Glossary / Civil Law General Concepts

Capacity to act

Capacity to act is the ability to acquire rights and incur obligations by one’s own legal acts, such as contracting, consenting, or making procedural declarations. In Swiss civil law it depends mainly on majority and capacity of judgment, with special rules for minors and persons under adult-protection measures. A person may have legal personality and enjoy rights even without full capacity to act. The concept protects autonomy while safeguarding persons who cannot adequately understand or manage the consequences of their actions.

Defined in law

No legal definition reference has been curated for this concept yet.

Discussed in decisions

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