talitlusvõime

Talitlusvõime, often translated as "ability to act" or "legal capacity," is a core concept in Estonian law that refers to an individual's capacity to undertake legally binding actions. This concept is crucial for determining the validity of contracts, the responsibility for delicts (civil wrongs), and the ability to participate in legal proceedings.

There are two main aspects to talitlusvõime. Firstly, there is the general capacity to understand one's actions and their consequences, known as teovõime. This is generally presumed for adults. Secondly, there is the specific capacity to enter into particular legal transactions, which may depend on factors like age and mental state. Minors, for example, have limited teovõime and require the consent of their legal guardians for many significant actions. Similarly, individuals who have been declared legally incapacitated due to mental illness or other reasons will have their talitlusvõime restricted or entirely removed by a court.

The presence or absence of talitlusvõime has significant legal implications. Actions undertaken by someone lacking the necessary talitlusvõime may be void or voidable, meaning they can be invalidated. This protects individuals who may not fully comprehend the legal ramifications of their decisions. The assessment of talitlusvõime is a factual determination made by courts, often involving expert opinions.