What is Capacity to perform legal acts?
Capacity to act concerns acquiring rights and assuming obligations through one’s own acts. It differs from merely holding rights.
Definition and legal framework
1. Scope The Turkish Civil Code links full capacity to discernment, adulthood and absence of legal restriction. Discernment concerns understanding an act and its consequences; one trait alone does not settle every case. 2. How it works A legal representative may need to consent or act for someone lacking full capacity. Some personal rights and gratuitous gains follow distinct rules, so categorical claims about minors are misleading.
Consequences and application
3. Rights, conditions and exceptions Lack of capacity can affect validity, but consequences depend on the act and special rules. Representation and guardianship status require separate consideration. 4. Practical considerations Review the party’s status at the time of the act, the type of transaction and authority to represent. Avoid assumptions based only on age or disability.