What is Legal Capacity?

What is Legal Capacity? | What Does Legal Capacity Mean? | Lawyer in Izmir | Law Firm in Izmir | Efes Law Firm

What is Legal Capacity?

Legal Capacity: Medeni Kanun’da bir insanın sağ ve tam doğmak şartıyla hak ve borç sahibi olabilme iktidarı olarak tanımlanmaktadır. Nitekim Türk Medeni Kanunu m.8/1, “her insanın hak ehliyeti vardır.” hükmüne amirdir.

 Humans acquire legal capacity from the moment they are conceived in the womb, provided they are born fully formed and healthy. Since the legislator specifically states "born fully formed and healthy," it is possible to say that the fetus in the womb does not yet have rights. This distinction is encountered in health law. For example, if a mother loses her baby due to medical malpractice during childbirth, only the mother has a claim. This is because the fetus, not yet fully formed and healthy, does not have the capacity to exercise its rights. Legal capacity is a type of capacity that cannot be relinquished by law. In short, it refers to the acquisition of legal rights.

In what circumstances is legal capacity limited?

Certain provisions in the Turkish Civil Code restrict the ability to possess certain rights based on factors such as age, gender, marriage, foreign status, capacity to make reasoned decisions, mental illness, and criminal record.

Examples of age-related restrictions include:;

• The right to marry is acquired by both men and women upon reaching the age of 17.TMK m.124),
• The right to make a will is granted to individuals who have reached the age of 15.TMK m.502),
• The right to adopt is granted to individuals who have reached the age of 30.TMK m.307),
• To be a guardian, one must be of legal age.TMK (Article 413) can be given.

Examples of gender-based restrictions include:;

• A woman is prohibited from remarrying within 300 days of the termination of her previous marriage for any reason.TMK m.132)
• The right to deny paternity is granted only to the husband, and not to the mother.TMK (m.286)

Other Special Cases Regarding Limitations on Legal Capacity

In marriage, a woman is obliged to take her husband's surname unless she requests otherwise.

Foreigners can acquire real estate under certain specific registration and conditions.

Those who lack the capacity to discern are unable to benefit from rights that are strictly personal, and therefore their legal capacity to possess these rights is restricted.

Mentally ill individuals, even if they possess the capacity to make reasoned decisions, cannot marry unless official health board reports confirm that there are no medical impediments to their marriage.

A convict who has been sentenced to a crime and banned from public service cannot testify in the preparation of an official will. (Turkish Civil Code, Article 536/1)

As can be seen, although every person born alive possesses legal capacity, this capacity can be limited in certain circumstances.

For detailed information on this matter, please contact us. Contact page.

You may also be interested in the following studies:;

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56