ABSTRACT

Italian law distinguishes between the concepts of legal capacity, capacity to perform acts in law and capacity to understand and decide. Pursuant to Article 1 of the Italian Civil Code, legal capacity is acquired at birth. The acquisition of legal capacity (also known as legal personality) indicates that the person becomes a legal entity and acquires the capacity to be the subject of rights and obligations provided for and protected by the legal system. Pursuant to Article 1 of the Italian Civil Code, legal capacity is acquired at birth. The acquisition of rights by the nasciturus depends on whether the child is born. The acquisition of legal capacity indicates that a person becomes a legal entity and acquires the capacity to be the subject of rights and obligations provided for and protected by the legal system.