ABSTRACT
Under paragraphs 1 and 2, Article 12, states parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law and recognise that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. This question in the Czech Republic is traditionally regulated by the Civil Code. The (Czech) theory of private law recognises four different terms describing the basic characteristics of an individual from the perspective of the law. These are legal competence, legal personality, legal capacity and, in some cases, capacity to make wrongful acts (delictual capacity). The legal regulation of active legal capacity in the Czech Republic is best explained by classifying legal capacity into different categories based on the extent thereof. The legal protection of persons with disabilities outside the scope of civil law is provided by the Anti-Discrimination Act.
