Jogképességét

Jogképességét refers to the legal capacity of a person or entity to hold rights and obligations. In Hungarian legal terminology, it distinguishes between the capacity to have rights (jogképesség) and the capacity to act (cselekvőképesség). Jogképesség is the more fundamental concept, meaning that any natural person, from birth until death, possesses legal personality. This allows them to be the subject of legal relations, such as owning property, entering into contracts, and being a party to legal proceedings.

Legal entities, such as companies, foundations, and associations, also possess jogképesség, which is acquired upon their registration. The scope of their rights and obligations is defined by their founding documents and the relevant legislation. While all natural persons have jogképesség, their ability to exercise their rights and fulfill their obligations independently depends on their cselekvőképesség, or capacity to act. This latter concept is related to age and mental capacity, with minors and individuals deemed mentally incapable having limited or no cselekvőképesség. Therefore, jogképesség is the inherent potential to possess legal rights and duties, whereas cselekvőképesség is the ability to exercise those rights and duties in a legally binding manner.