Geschäftsfähigkeit

Geschäftsfähigkeit refers to a person's legal capacity to enter into binding contracts and perform other legal acts independently. In German law, it is a fundamental concept that determines an individual's ability to participate in legal transactions. Generally, Geschäftsfähigkeit is presumed for adults, meaning individuals who have reached the age of 18. However, there are exceptions and specific conditions that affect this capacity.

Minors, those under 18, have limited Geschäftsfähigkeit. Children under the age of seven are considered completely incapable of conducting business (geschäftsunfähig). Between the ages of seven and 18, minors possess partial Geschäftsfähigkeit. This means they can generally perform legal acts that are purely beneficial to them, such as accepting a gift. For other legal transactions, such as purchasing goods or entering into a contract, they require the consent of their legal guardians. This consent can be given in advance (Vorabgenehmigung) or after the fact (nachträgliche Genehmigung).

Furthermore, individuals who are mentally impaired due to illness, addiction, or other factors can be declared legally incapable of conducting business. This declaration is made by a court and typically requires medical evidence. The purpose of these distinctions is to protect individuals who may not fully understand the implications of their actions from entering into disadvantageous or invalid agreements. The concept of Geschäftsfähigkeit is therefore crucial for ensuring legal certainty and protecting vulnerable parties within the legal system.