Geschäftsunfähigkeit

Geschäftsunfähigkeit refers to the legal inability of a person to enter into binding contracts or other legal transactions. This status is determined by law, primarily based on age and mental capacity.

In Germany, individuals under the age of seven are generally considered absolutely geschäftsunfähig. This means any legal declaration made by them is void. For individuals between the ages of seven and seventeen, they are considered relatively geschäftsunfähig. Their legal declarations are generally valid only if they receive the consent of their legal guardian, either in advance or retrospectively. There are exceptions, such as when a minor enters into a transaction that is solely advantageous to them or when they have reached the age of majority (18 years) to a certain extent through specific legal provisions, like the emancipation of a minor.

Beyond age, Geschäftsunfähigkeit can also be established due to permanent or temporary mental disorders. This includes conditions like severe dementia, profound intellectual disability, or temporary states of intoxication or unconsciousness that prevent a person from understanding the nature and consequences of their actions. The determination of Geschäftsunfähigkeit due to mental incapacity is typically made by a court, often based on expert medical opinions. A person declared geschäftsunfähig due to mental reasons cannot validly enter into contracts or make other legal declarations until this status is legally revoked. Legal transactions entered into by a geschäftsunfähig person are generally void or can be challenged.