The capacity to act is the quality or validity that is granted to people to carry out any type of legal action that entails rights and obligations. This occurs because the person is considered to have the ability to regulate their interests through their actions.
The limitations of the capacity to act of the people usually come through the minority of age, by a judicial limitation, or by the marital status in which they are.
When we talk about the capacity to act of natural persons, we must be clear that two very important concepts are involved in it. On the one hand, the person must possess the necessary knowledge to act. On the other hand, the person must also have the will to act.
The capacity to act of an emancipated increases over the capacity to act of a minor, but with the emancipation, does not get to obtain the capacity to act fully.
Types of ability to act
There are different kinds of capacity to act according to the capacity and freedom that a person possesses to perform any act.
- Ability to act full or normal: you have when you have reached the age of majority.
- Limited capacity to act: it is usually had when a person is a minor, or suffers some type of disability that allows him to perform any act with full conscience.