Õigusvõimekus

Õigusvõimekus refers to the capacity of a person or entity to have rights and obligations, and to perform legal acts. In Estonian law, this concept is divided into two main parts: õigussobivus, the ability to have rights and obligations, and teovõime, the ability to exercise those rights and obligations through legal acts.

Õigussobivus is generally held by all natural persons from birth until death, and by legal persons from their establishment until their liquidation. This means that even a newborn baby or an unregistered company can, in principle, be a subject of rights and duties, although their actual exercise may be limited.

Teovõime, on the other hand, is the ability to independently perform legally valid actions, such as entering into contracts, initiating legal proceedings, or making a will. For natural persons, full legal capacity, known as täielik teovõime, is typically acquired upon reaching the age of majority, which is 18 years in Estonia. Minors and individuals with impaired mental capacity may have limited or no legal capacity, with their legal actions often requiring the consent or representation of a legal guardian. Legal persons exercise their legal capacity through their authorized representatives, such as members of their management board. Understanding the distinction between õigussobivus and teovõime is crucial for comprehending legal relationships and responsibilities within the Estonian legal system.