Lepinguvõime

Lepinguvõime, also known as contractual capacity, refers to the legal ability of a person or entity to enter into a binding contract. In most legal systems, individuals are presumed to have contractual capacity unless proven otherwise. However, certain categories of people may have limited or no contractual capacity.

Minors, typically individuals below the age of majority (which varies by jurisdiction), generally possess limited contractual capacity. Contracts entered into by minors are often voidable at their option, meaning the minor can choose to uphold or disaffirm the agreement. Exceptions may exist for contracts for necessities, such as food, shelter, and basic education.

Individuals who are mentally incapacitated, such as those with severe mental illness or intellectual disabilities, may also lack contractual capacity. If a person is unable to understand the nature and consequences of a contract due to their mental state, any agreement they enter into may be considered void or voidable. Legal guardians or committees may be appointed to manage the affairs of such individuals.

Drunkenness or intoxication can temporarily affect contractual capacity. If a person is so intoxicated that they cannot comprehend the terms of an agreement, the contract may be voidable once they regain sobriety. However, the burden of proof for such incapacity is typically high.

Entities like corporations also have contractual capacity, but it is often defined by their articles of incorporation and the scope of their business activities. Acts taken by corporate representatives must be within the authority granted to them. Understanding the limits of contractual capacity is crucial for ensuring the validity and enforceability of agreements.