Jogképességhez

Jogképességhez is a Hungarian legal term that translates to "legal capacity" or "capacity for rights and obligations." It refers to the abstract ability of a person or legal entity to acquire rights and assume obligations. In essence, it is the potential to be a subject of legal relationships.

Hungarian law distinguishes between two main types of legal capacity: jogképesség (general legal capacity) and cselekvőképesség (capacity to act). General legal capacity is the ability to hold rights and obligations, such as owning property or being a party to a contract. This capacity is generally acquired at birth for natural persons and upon establishment for legal entities. It is a fundamental prerequisite for any legal standing.

Capacity to act, on the other hand, refers to the ability to perform legally valid actions, such as entering into contracts, making a will, or initiating legal proceedings. This capacity is typically acquired at a certain age and can be limited or lost due to factors like minority, mental incapacity, or legal interdiction. While all persons with general legal capacity have the potential for rights and obligations, not all of them possess the capacity to act to exercise those rights or fulfill those obligations independently. The distinction is crucial for determining the validity of legal transactions and the extent of an individual's or entity's responsibility.