obligationsÕigusvõime

Õigusvõime, often translated as legal capacity or the ability to have rights and obligations, is a fundamental concept in civil law systems. It refers to the general capacity of a natural or legal person to hold rights and incur obligations. In Estonian law, Õigusvõime is divided into two main components: õigus isikulisus (legal personality) and teovõime (legal capacity to act).

Õigus isikulisus signifies the ability to be a subject of rights and obligations. This capacity is generally acquired at birth for natural persons and upon registration for legal persons. It means that individuals and entities can own property, enter into contracts, and be parties to legal proceedings, among other things.

Teovõime, on the other hand, refers to the capacity to perform legally significant acts. This includes the ability to make contracts, dispose of property, and exercise one's rights independently. For natural persons, Teovõime is typically acquired upon reaching the age of majority, which is 18 in Estonia. However, the extent of Teovõime can be limited for individuals who are declared legally incompetent due to mental incapacity or other reasons. Legal persons possess Teovõime through their authorized representatives, such as directors or board members, who act on their behalf. The distinction between these two aspects is crucial for understanding the scope of an individual or entity's participation in legal relationships.