Geschäftsfähig

Geschäftsfähig is a German legal term that translates to "legally capable of entering into contracts" or "of legal capacity." It refers to an individual's ability to engage in binding legal transactions, such as signing contracts, making purchases, or entering into agreements.

In German law, general Geschäftsfähigkeit is typically attained at the age of 18. Minors, those under 18, are generally considered geschäftsunfähig (incapable of legal capacity) or beschränkt geschäftsfähig (limited in legal capacity). This means that contracts entered into by minors are often void or require the consent of their legal guardians to be valid.

There are exceptions to the age requirement. For instance, a minor who is at least seven years old is beschränkt geschäftsfähig. They can enter into contracts that are purely beneficial to them without requiring guardian consent. For other transactions, their legal guardians must approve. Individuals who are mentally incapacitated due to illness or disability may also be deemed geschäftsunfähig, regardless of their age.

The concept of Geschäftsfähigkeit is crucial for ensuring legal certainty and protecting vulnerable individuals from entering into disadvantageous agreements. Courts will assess an individual's capacity at the time a legal transaction is made to determine its validity.