Rechtssubject

Rechtssubject is a fundamental concept in law, referring to any entity that can be a bearer of rights and obligations. This means that a rechtssubject is capable of participating in legal relationships, such as entering into contracts, owning property, suing or being sued.

There are two main categories of rechtssubject: natural persons and legal persons. Natural persons are individual human beings. From birth, humans are generally considered rechtssubject, possessing basic rights and obligations under the law. Legal persons, also known as artificial persons or juristic persons, are entities created by law that are granted a legal personality separate from their members. Examples include corporations, associations, and foundations. These entities can also hold rights, incur debts, and engage in legal transactions as if they were natural persons.

The capacity to be a rechtssubject is distinct from the capacity to act legally, known as Geschäftsfähigkeit. While all rechtssubject can hold rights and obligations, not all can exercise these rights and obligations independently. For instance, minors are rechtssubject, but their capacity to enter into binding contracts is limited by their age and mental development. The specific rights and obligations that a rechtssubject can possess or incur are determined by the legal system in which they operate.