Vertragsfähigkeit

Vertragsfähigkeit refers to the legal capacity of a person to enter into binding contracts. In most legal systems, this capacity is presumed for adults, but there are exceptions. Minors, for instance, generally have limited contractual ability. Contracts entered into by minors are often voidable at the minor's discretion, meaning they can choose to uphold or disaffirm the agreement upon reaching the age of majority.

Individuals who are mentally incapacitated, due to illness, intoxication, or other reasons, may also lack contractual capacity. The extent of this incapacity is typically determined by a court. If a person is deemed unable to understand the nature and consequences of a contract, any agreement they enter into may be considered void or voidable.

The concept of Vertragsfähigkeit is crucial for ensuring fairness and protecting vulnerable individuals in contractual dealings. It aims to prevent exploitation by ensuring that parties entering into agreements possess the mental faculties and legal standing to comprehend and commit to their obligations. The specific age at which full contractual capacity is attained and the criteria for mental incapacity vary across jurisdictions. Legal professionals can provide guidance on specific situations regarding Vertragsfähigkeit.