Aðgerðarhæfi

Aðgerðarhæfi is an Icelandic term that translates to "capacity for action" or "legal capacity to act." It refers to an individual's ability to engage in legal transactions and make decisions that have legal consequences. This concept is fundamental in Icelandic law, particularly within civil law and contract law.

Generally, individuals are presumed to have aðgerðarhæfi unless specifically proven otherwise. This capacity is typically acquired upon reaching the age of legal majority, which is 18 years in Iceland. Before this age, individuals are considered minors and their ability to enter into contracts or make binding decisions is restricted. Parents or legal guardians typically act on behalf of minors.

There are circumstances where an individual, even if of legal age, may have their aðgerðarhæfi limited or removed. This can occur if a person is deemed mentally incapacitated due to illness, disability, or other factors that impair their judgment and understanding. In such cases, a court may appoint a guardian or trustee to manage the individual's affairs and make decisions on their behalf. The purpose of assessing aðgerðarhæfi is to ensure that individuals understand the nature and consequences of their actions and that they are capable of protecting their own interests.