ABSTRACT
Legal capacity comes in two forms in private law: passive, which means the ability to be the subject of private law rights and obligations, and active, which includes the capacity to perform legal acts (active legal capacity), the capacity for tort and other legal actions, which can be called all together active capacities. Active legal capacity is relevant in all areas of private law. This ranges from the general part of civil law, where legal action, and therefore the capacity to exercise its attendant rights, is one of the basic conceptual categories running through contract law, property law, down to succession law and family law. Active legal capacity is a necessary attribute for subjects to exercise their autonomy. A fundamental issue is the question of the source of the active legal capacity of legal entities. From a private law perspective, it is important to consider several issues in this regard.
