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Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality).
Capacity in English law refers to the ability of a contracting party to enter into legally binding relations. If a party does not have the capacity to do so, then subsequent contracts may be invalid; however, in the interests of certainty , there is a prima facie presumption that both parties hold the capacity to contract.
(Scots law) person not having capacity (mental, legal, or otherwise). [ɪnˈkapaks] indignus (heres) unworthy heir Unworthy beneficiary or heir, who is precluded from inheriting because his conduct makes him unworthy, in a legal sense, to take in the deceased's estate. infans: infant
In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or disposing mind and memory .
In law, individual capacity is a term of art referring to one's status as a natural person, distinct from any other role. [ 1 ] For example, an officer , employee or agent of a corporation , acting "in their individual capacity" is acting as an individual, rather than as an agent of the corporation.
The age of criminal capacity was raised to 12 by the Child Justice Amendment Act, 2019. There is a rebuttable presumption that a child between the ages of 12 and 14 lacks criminal capacity. South Korea: 12 14 [35] South Sudan: 12 [50] Spain: 14 18 [106] [107] [108]
In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the broader category of a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization.
In United States and Canadian law [citation needed], competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific.