jogképességet

Jogképesség refers to the legal capacity of a person or entity to have rights and obligations. In essence, it is the ability to be a subject of rights and duties. For natural persons, jogképesség generally begins at birth and ends at death. This means that from the moment of birth, an individual can acquire ownership of property, enter into contracts, and be held responsible for their actions, within the limits of their age and mental capacity.

Legal entities, such as companies or associations, also possess jogképesség. Their capacity to hold rights and obligations is established upon their legal registration or incorporation, and it ceases upon their dissolution. The scope of jogképesség for legal entities is determined by their founding documents and applicable laws.

There are two main aspects to consider within jogképesség: the capacity to hold rights and obligations, and the capacity to exercise them. While a newborn has jogképesség, they cannot independently enter into a contract. The exercise of rights and the fulfillment of obligations often depend on factors like age and mental competence, leading to the concept of cselekvőképesség, or legal capacity to act. Jogképesség is a fundamental concept in civil law, forming the basis for all legal relationships and transactions.