Original scientific paper
Natural Legal Incapacity as a Cause of Invalidity of Legal Transaction
Aldo Radolović
; Ustavni sud Republike Hrvatske
Abstract
From Roman times until the first part of 19th century the notion of legal capacity of a person has been mostly limited to the objective side of that capacity (years of age). The subjective side was accepted a lot less and in most cases it was referred to mental illness and disorders in mental development. In recent times (the second part of 19th and 20th century) possible subjective conditions causing natural legal incapacity have been more and more broadened comprising almost all possible physical and psychical disturbances because of which a person cannot make rational decisions in legal operations. Described widening of the teaching concept of natural legal (in)capacity is first of all aimed at protecting youngsters and inexperienced persons as well as elderly and weak persons. Moreover, this is the best side of in such a way modernized concept. On the other way, it is necessary to pay attention not to cause a higher extent of legal uncertainty by applying the concept. “Fuses” have to be identified to stop the uncertainty. Otherwise, this praiseworthy and modernized concept of natural legal capacity would not be justified.
Keywords
legal capacity; natural legal capacity; validity of legal transactions
Hrčak ID:
52618
URI
Publication date:
10.4.2009.
Visits: 7.805 *