ABSTRACT

At the outset, it should be noted that the equivalent of Polish capacity to perform acts in law is, in the French legal system, cumulatively the capacity to enjoy rights and the capacity to exercise rights, jointly referred to as capacite juridique. In French law, pursuant to Article 414 of the Civil Code, full capacity to perform acts in law is obtained at the age of 18, gender being irrelevant in this regard. In light of Article 413–6 of the French Civil Code, an emancipated minor enjoys full capacity to perform acts in law, similarly to an adult. French law grants particular protection to those who are incapable of independently managing their affairs. Circumstances justifying such protection include disruption of mental operations, impairment or advanced age. Physical disability is regarded the same as mental disability if it results in one’s inability to express intent.