ABSTRACT
From the very beginning, the Polish legislator unambiguously distinguished between passive legal capacity, as the capacity to be the subject of civil law rights and obligations, and active legal capacity, initially referred to more broadly simply as 'active legal capacities'. For this reason, the amendment made by the General Provisions of the Civil Law Act 1950, which adopted the concept of active legal capacity which is still in force today. Also nowadays, active legal capacity in the strict sense of the word, as a statutory concept. It is extremely important to note that active legal capacity is a strictly normative category in Polish law. Incapacitation is a major factor affecting the scope of legal capacity of adults in Polish law. An important element influencing the shape of the institution of incapacitation was the adoption, already in the Supreme Court's case law of the 1950s, of the concept of its purpose.
