ABSTRACT
Active legal capacity and its scope determine the possibility of making legal transactions of significance as well as the possibility of incurring legal liability. Since it all depends on one’s capacity to control one’s own behaviour and its consequences, it is difficult to identify an area of law in which this category would be irrelevant. Hence, there is such great interest in CRPD Article 12 in the legal literature, and it is surely no coincidence that the first commentary prepared by the UN Committee on the Rights of Persons with Disabilities was precisely concerned with this CRPD provision. The system-wide nature of active legal capacity, the wide range of contexts and the complexity of the linkages in which references to active legal capacity appear in various places in different legal systems makes its adequate description extremely elusive. There are no simple and obvious solutions in the field of active legal capacity.
