Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality).
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👉 Capacity (law) in the context of Legal entity
In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for the term "legal person" is that some legal persons are not human persons: companies and corporations (i.e., business entities) are persons, legally speaking (they can legally do most of the things an ordinary person can do), but they are not, in a literal sense, human beings.
Legal personhood is a prerequisite to legal capacity (the ability of any legal person to amend – i.e. enter into, transfer, etc. – rights and obligations): it is a prerequisite for an international organization being able to sign international treaties in its own name.
In this Dossier
- ⭐ Core Definition: Capacity (law)
- 👉 Capacity (law) in the context of Legal entity
- Capacity (law) in the context of Private property
- Capacity (law) in the context of Offer and acceptance
- Capacity (law) in the context of List of current monarchs of sovereign states
- Capacity (law) in the context of Excuse (legal)
Capacity (law) in the context of Private property
Private property is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from collective or cooperative property, which is owned by one or more non-governmental entities. Private property is foundational to capitalism, an economic system based on the private ownership of the means of production and their operation for profit. As a legal concept, private property is defined and enforced by a country's political system.
Capacity (law) in the context of Offer and acceptance
Offer and acceptance are generally recognized as essential requirements for the formation of a contract (together with other requirements such as consideration and legal capacity). Analysis of their operation is a traditional approach in contract law. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance.
Capacity (law) in the context of List of current monarchs of sovereign states
A monarch is the head of a monarchy, a form of government in which a state is ruled by an individual who normally rules for life or until abdication, and typically inherits the throne by birth. Monarchs may be autocrats (as in all absolute monarchies) or may be ceremonial figureheads, exercising only limited or no reserve powers at all, with actual authority vested in a legislature and/or executive cabinet (as in many constitutional monarchies). In many cases, a monarch will also be linked with a state religion. Most states only have a single monarch at any given time, although a regent may rule when the monarch is a minor, not present, or otherwise incapable of ruling. Cases in which two monarchs rule simultaneously over a single state, as is the current situation in Andorra, are known as coregencies.
A variety of titles are applied in English; for example, "king" and "queen", "prince" and "princess", "grand duke" and "grand duchess", "emperor" and "empress". Although they will be addressed differently in their local languages, the names and titles in the list below have been styled using the common English equivalent. Roman numerals, used to distinguish related rulers with the same name, have been applied where typical.
Capacity (law) in the context of Excuse (legal)
In jurisprudence, an excuse is a defense to criminal charges that is a distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse). Exculpation is a related concept which reduces or extinguishes a person's culpability, such as their liability to pay compensation to the victim of a tort in the civil law.
The excuse provides a mitigating factor for a group of persons sharing a common characteristic. Justification, as in justifiable homicide, vindicates or shows the justice. Thus, society approves of the purpose or motives underpinning some actions or the consequences flowing from them (see Robinson), and distinguishes those where the behavior cannot be approved but some excuse may be found in the characteristics of the defendant, e.g. that the accused was a serving police officer or suffering from a mental illness. Thus, a justification describes the quality of the act, whereas an excuse relates to the status or capacity (or lack of it) in the accused. These factors can affect the resulting judgment which may be an acquittal, or in the case of a conviction may mitigate sentencing. An excuse may also be something that a person or persons use to explain any criticism or comments based on the outcome of any specific event.