Õigussubjektivõime

Õigussubjektivõime, commonly translated as “subjective legal capacity,” refers to the legal ability of a person or legal entity to hold rights and obligations within Estonian law. It is a subcategory of the broader concept of legal capacity (õiguslik võime) and focuses on whether an individual is capable of forming and executing legal acts that bind them and others.

In the Estonian Civil Code, the principle of õigusliku võime is universal—every person has a legal capacity. However, õigussubjektivõime can be restricted. The most well‑known restriction applies to minors, who are generally considered to lack full subjective legal capacity until they reach the age of majority. In practice, minors can own property or enter into contracts only with the assistance of a legal representative, such as a parent, guardian, or court‑appointed proxy. Similarly, persons declared mentally incompetent by a court may have their subjective legal capacity curtailed; they may need a curator or other legal representative to act on their behalf.

The distinction matters in several areas of civil practice. For example, a contract entered into by a party lacking full subjective legal capacity is usually voidable rather than void, allowing the incapacitated party to choose later to confirm or annul the agreement. In inheritance law, heirs with restricted õigussubjektivõime may need special procedures to claim their share. This differentiated treatment protects vulnerable parties while maintaining a flexible legal framework that enables most citizens to interact freely in civil matters.