Article 2 — Capacity
- Every natural person has, from birth, passive capacity: the capacity to hold rights and bear obligations.
- Active capacity, that is, the capacity to perform juridical acts and to exercise rights independently, is governed by age, soundness of mind, and such other conditions as this Code prescribes.
- Full active capacity is attained upon reaching the age of majority as defined in this Code, or upon emancipation.
- Full active capacity entitles a person to perform all juridical acts recognised by law, including the capacity to enter into contracts, dispose of property, marry, exercise parental authority, and commence legal proceedings.
- Certain juridical acts require special capacity or additional conditions beyond full active capacity; these include:
- Acts of suretyship and guarantee, which require that the person understand the nature and extent of the obligation assumed.
- Renunciation of rights, which must be express and informed.
- Such other acts as the law may specify.
- Restrictions on the capacity to act may be imposed only by law and only to the extent necessary for the protection of the person concerned or of third parties. A restriction shall be construed narrowly and shall not extend beyond its stated purpose.
- Any juridical act performed by a person lacking the requisite capacity is voidable at the instance of that person, their legal representative, or any other party entitled by law to invoke the defect. However:
- The other party to a voidable act may not invoke the incapacity of the person with whom they dealt.
- A voidable act may be confirmed, expressly or tacitly, once the ground of incapacity has ceased.
- The right to annul a voidable act is extinguished after a period of three years from the date on which the incapacity ceased or was discovered, unless the law provides otherwise.
How to cite
CIVIL art. 2 — Article 2 — Capacity, Legal Codes of the Principality of Kaharagia.