Incapabilitas

Incapabilitas is a Latin noun meaning "inability" or "lack of capability." It derives from in- "not" and capabilitas "capability." In Latin, incapabilitas denotes a state in which a person or thing is unable to perform a specific action, fulfill a function, or exercise a right.

Historically, the term appears in legal and philosophical Latin texts to discuss limits on action and consent. In classical and medieval jurisprudence and scholastic thought, incapabilitas is used to examine when individuals may contract, pledge obligations, or exercise public rights, distinguishing between physical, cognitive, or moral impediments and external constraints.

Today, incapabilitas is seldom used in everyday English; incapacity is the common English equivalent. The Latin form remains visible in academic, legal, or historical writing, especially when documenting Roman law, canon law, or scholastic theory. In modern legal contexts, incapacity is usually addressed by concepts such as legal capacity, guardianship, or minority, which assess a person’s competence to act.

See also: incapacity, legal capacity, minority (age), mental capacity, disability, Latin phrases in law.