Nezpsobilosti

Nezpsobilosti is a Czech legal term describing lack of capacity to perform certain legal acts or to manage one’s affairs. It is the negation of způsobilost (capacity or competence) and is used within civil law to indicate that a person cannot validly undertake legal steps without protection or representation. In general, nezpůsobilost concerns the ability to act in civil matters, including entering contracts, disposing of property, making a will, or exercising civil rights.

In the Czech legal framework, capacity is treated as a spectrum. Some individuals act with full capacity (plná svéprávnost), while others have reduced capacity or require protective arrangements. Minors typically lack full způsobilost and act through statutory representatives. Adults may be declared nezpůsobilí due to cognitive impairment, mental illness, or other conditions that affect decision-making, in which case the court may appoint a guardian or curator to represent them in specified matters. Guardianship arrangements aim to protect the person and their property, balancing protection with autonomy where possible.

Consequences and mechanisms: acts performed by a person lacking nezpůsobilost may be void or voidable unless ratified by a guardian or court. Legal acts carried out by an authorized representative are binding for the person under guardianship, even if the person alone did not have capacity. The concept is complemented by related notions such as opatrovnictví (guardianship) and kuratela (curatorship), and by the broader notion of způsobilost.