kohtuvõime

Kohtuvõime is a term used in Estonian civil procedure to describe the capacity of a person or organization to be a party to court proceedings, including the right to initiate a claim and to be involved as a defendant or a respondent. It concerns who can participate in a case and under what conditions they can exercise rights and bear obligations within the process. Kohtuvõime is distinct from general legal personality and from the procedural acts a party may perform; it specifically relates to admissibility and participation in court.

In practice, kohtuvõime covers both natural persons and legal persons. For natural persons, full capacity usually begins at adulthood, which in Estonia is 18 years. Minors or persons with limited legal capacity typically act through guardians, parents, or other legally appointed representatives when participating in litigation. For legal persons, such as corporations or associations, standing arises through their recognized legal personality and is exercised by authorized representatives like directors or attorneys.

Limitations to kohtuvõime can arise from age, mental capacity, guardianship, or specific statutory preconditions for certain kinds of actions. If a party lacks sufficient standing, a court may dismiss the action or require a representative to participate. Standing can also be constrained by the nature of the dispute, the claimant’s direct legal interest, or procedural rules governing representation.

Kohtuvõime is a fundamental criterion affecting the admissibility of lawsuits, the ability to bring or defend claims, and the selection of appropriate forms of representation. It interacts with concepts such as representation, guardianship, and the legal capacity to act in civil procedure.