Rättsbehörighet

Rättsbehörighet refers to the legal capacity of a person or entity to have rights and obligations. It is a fundamental concept in law, determining who can be a subject of legal relations. Generally, all natural persons possess rättsbehörighet from birth. This means they can own property, enter into contracts, sue and be sued, and be held responsible for their actions.

In addition to natural persons, legal entities such as corporations, foundations, and associations also possess rättsbehörighet. These entities are granted legal personality by the state, allowing them to function as independent legal subjects. Their rights and obligations are exercised through their representatives.

The scope of rättsbehörighet can vary. For instance, minors and individuals declared legally incompetent may have their rättsbehörighet limited, requiring a guardian or trustee to act on their behalf. This is to protect their interests and ensure their affairs are managed appropriately.

Rättsbehörighet is distinct from rättshandlingsförmåga, which is the capacity to perform legally valid acts. While one may have rättsbehörighet, they might not have full rättshandlingsförmåga. For example, a child has rättsbehörighet to inherit property but lacks the rättshandlingsförmåga to sell it. Understanding this distinction is crucial in legal contexts.