It is the attribution by law of the possibility of being the object of rights and obligations. Legal capacity is attributed to any natural person from birth and in accordance with what is legally regulated in relation to it. However, the recognition of such capacity does not imply that every person can act with the same legal effect; In other words, the ability to acquire rights or incur obligations is not always linked to the ability to exercise or fulfill these rights. Such ability to do so, and with legal effectiveness, is called the ability to act. When a person with minor rights, who as such has legal capacity, has to perform a legal act that only adults can do, he cannot do it personally, but must do something else in his name and interest.
Legal capacity goes hand in hand with the capacity of a human being to possess rights and obligations; Exercise or demand the first and contract it personally and appear before the trial. Legal capacity allows the creation, modification or termination of legal relationships voluntarily and autonomously.
Legal capacity is also related to the will, which is understood as the psychic faculty that the person has to choose between performing or not performing a certain act, and depends directly on the desire and intention to perform a particular act or fact. He is also able to relate how a person is prepared to make decisions without being subject to limitations; Freely, without causal sequence, imposition or necessity.
Legal capacity is born with the beginning of the legal existence of each person, that is, according to the Colombian Civil Code (Art. 90), when the person is born, that is, when he fully knows his mother.
The Constitution provides that religious associations have "legal capacity" and are free to administer and administer their assets within the limits prescribed by law, like other "legal persons".
According to Albanian law, a child means every human being, born alive, under the age of eighteen, when he acquires full legal capacity to act.
For a person to have legal capacity, it is necessary:
- That is legally capable.
- Who consents to such act or statement and consent does not suffer from vice.
- That falls on a lawful object.
- That it has a lawful cause.
The legal capacity of a person means, the power to bind himself, and without the ministry or authorization of another "
