The Concept Of License And The Differences Between Limited License, Limited Incompetents And Full Incompetents
What is the concept of limited capacity, limited incapacity and full incapacity according to the law? Who are these concepts used for?
Persons with Limited Capacity
Persons with limited capacity are essentially “adults who have the power of discernment and who are not restricted”. These persons are either appointed legal advisors or married persons.
Persons to whom a legal advisor has been appointed may perform the following transactions subject to the permission or approval of the legal advisor;
-Filing a lawsuit, taking the principal, becoming a guarantor, making a donation, borrowing money, buying and selling immovable property and establishing rights in rem, carrying out construction works out of the ordinary, making a foreign exchange commitment, making a settlement…
The above-mentioned and similar transactions are pending for the person with limited capacity but binding for the other party until the approval of the legal advisor, i.e. if the legal advisor approves the transactions in question, they are valid, if not, they are invalid.
Another issue is the limited capacity of married persons.
Although the issue of whether married persons have limited capacity is controversial in the doctrine, married persons are not included among those with limited capacity in the civil code. However, the reasons that require them to be considered limited in this context and the transactions in question are as follows:
Married persons are considered as persons with limited capacity since they cannot sell and rent the family dwelling and become a guarantor without the consent of their spouse.
Persons without Limited Capacity
Persons with limited capacity are individuals who have the power of discernment but are either minors or restricted.
The transactions that these persons can perform on their own are listed below:
1. Unilateral acquisitive transactions that do not put them under debt (such as accepting donations). (However, for example, if the gift accepted is of a nature that would prevent the education of the person with limited capacity or pose a life-threatening danger, the parent or guardian may not accept the gift in question).
2. Making a will, provided that the person has reached the age of 15
3. Management of the affairs left to them due to profession, art, education. (Transactions such as shopping for the needs of a 17-year-old person who goes to study outside the city, renting a dormitory.)
4. Transactions that are strictly connected to the person (such as breaking the engagement, denial of paternity, filing a paternity lawsuit, which are usually of a disruptive nature.) They can do transactions without anyone’s permission or approval.
Transactions they can do with the permission and approval of the parent or guardian;
-Transactions that put them under debt (such as buying and selling, renting, lending, pledging, etc.).
-Some of the transactions that are strictly connected to the person. These are generally constitutive transactions, such as marriage, engagement, recognition of the child born out of wedlock, name change, etc. with the permission of their parents or guardians.
(prohibited) transactions that they cannot do at all;
-Donation, becoming a guarantor, committing to non-competition
-Foundation of a Foundation, Establishment of a Cooperative
If they have made one of these transactions, this transaction is null and void. If they have made a transaction that must be made with the permission of the parent or guardian, it is crippled by unilateral non-bindingness.
Persons without full capacity
These persons do not have the power of discernment, they cannot make any legal transaction, and the transactions made by persons without full capacity in this context are null and void.