rechtsbekwaam

Rechtsbekwaamheit is the legal capacity to be a subject of rights and obligations under civil law. It means that a person can possess, acquire, and dispose of rights, and can participate in legal relations such as contracts, property, and inheritance. Rechtsbekwaamheid also includes the capacity to sue others and to be sued in court.

For natural persons, rechtsbekwaamheid generally exists from birth. The practical ability to perform legal acts, however, is governed by handelingsbekwaamheid. In the Netherlands, full handelingsbekwaamheid is typically attained at the age of 18. Minors can exercise some rights and perform certain acts, especially those of everyday life or within their own earnings, but many important acts require parental consent or court approval (for example, entering into significant contracts or disposing of property).

In cases of mental incapacity or severe disability, the law provides protective measures to safeguard a person’s interests. Courts can impose curatele (curatorship) or bewind (management of assets) to supervise or manage a person’s rights and property. These arrangements are designed to balance protection with the person’s autonomy.

Rechtsbekwaamheid also applies to legal persons, such as corporations, associations, and foundations. Such entities possess capacity to acquire rights, bear obligations, and act through representatives in legal matters.

Differences to note include the relationship between rechtsbekwaamheid (the general capacity to be a legal subject) and handelingsbekwaamheid (the capacity to perform legal acts). Loss of rechtsbekwaamheid is exceptional and largely tied to death, while limitations on handelingsbekwaamheid can be temporary or permanent, depending on the jurisdiction and circumstances.