ABSTRACT
In German law, a first distinction must be made between the right to be a subject before the law and the capacity to act or exercise these rights. Generally, the German Civil Code provides for three levels of active legal capacity. A person in principle is of full and unrestricted capacity to undertake legal actions when he or she reaches the age of majority. In German law there is a state in between the legal capacity and the legal incapacity, where a person is of limited capacity to do legal actions. Generally, this only relates to minors who have reached the age of seven. The area in which the impact of the Convention on the Rights of Persons with Disabilities (CRPD) on the German legal system is most strongly discussed is the law concerning legal custodianship/guardianship. Outside of issues relating to active legal capacity, the influence of Article 12 of the CRPD on German law is limited.
