The inability to exercise or enjoy the capacity to act is called incapacity. `Nullity caused by an unlawful object or cause and nullity resulting from the omission of a requirement or formality which the law imposes on the value of certain acts or contracts, taking into account their nature and not the capacity or condition of the persons who perform or consent to them, shall be absolutely null and void. It is acquired even before conception, so that Colombian legislation has protected the famous Naciturus or the unborn child, who has the capacity to enjoy and guarantee rights even if he is not born. This type of ability is not limited by any type of physical or mental condition. Conventional address. It is the one determined by the persons for certain obligations (Article 69 of the Civil Code), and the legal domicile determined by law, or a person for the exercise of his rights and the fulfillment of his duties. For example, children and adolescents living under parental authority (of their parents or of one of them) have their parental or maternal residence (Article 72). It is important to know that there are different types of disabilities: relative and absolute. The absolutely incompetent are those who cannot act alone, such as the unborn, the mentally ill and minors. Persons with relative disabilities, such as adult minors, may perform legal acts themselves. In the case of persons with absolute legal incapacity, a guardian (curator or tutor) must be appointed to represent their interests and exercise their rights on their behalf.

Under Mexican law, every person has, by the mere fact of his legal capacity or enjoyment. This ability is acquired at birth and is lost at death; However, the Civil Code stipulates that the person is considered born from the moment of conception and is protected by the laws of this Code. The reduction of legal capacity is called legal incapacity, where there are two forms, the legal and the natural. Legal incapacity is not really a form of legal incapacity, but a set of restrictions on the actions that some people can perform with respect to certain people and property, for example, a judge cannot buy the property that is part of the processes in which he has intervened. Natural disability is the product of a physical condition as enumerated in local civil legislation and in the Federal Civil Code in article 450: minority, diminished mental capacity, frequent use of alcohol or drugs, persistent illness, loss of decision-making or self-administration or expression of will. Citizenship is considered a fundamental right and there is a consensus that people should be prevented from being stateless (literally stateless, stateless). The Office of the United Nations High Commissioner for Refugees (UNHCR) defines “a stateless person as a person who is not recognized as a citizen by any country. In fact, millions of people around the world are trapped in this legal vacuum and enjoy minimal access to legal or international protection or fundamental rights such as health and education” (UNHCR, stateless). Ability goes hand in hand with personality: you have to be a person to have the ability.

For this reason, some jurists have confused the terms, but they are different. The same applies to the distinction between “pleasure” and “ability to move”; Since one can indeed have the capacity for pleasure, but not for movement, an example would be the unborn child who, although not yet born, may already be the holder of certain rights; Or less extremely, we could talk about infants who own real estate, and although they have rights to the property, they cannot exercise their rights by selling or renting it. Legal capacity: Our law distinguishes between two types of legal capacity: capacity to enjoy, which consists of the legal capacity to acquire rights and obligations, and which is linked to belonging to the person; and the capacity to exercise, that is, the capacity of human persons to act for themselves in civilian life. Ultimately, the first concerns the capacity of persons to be taxpayers or assets in legal relationships and, secondly, the possibility for that natural person to exercise his rights and engage without the authorisation of a third party. Final version of the 2022 constitutional proposal in audio for citizens. The judge is informed that if he considers that the persons subject to a ban or prohibition do not need a judicial decision on assistance, he will include this conclusion in the new judgment and annul the judgment prohibiting or forfeiting the relevant civil registry. The law is based on the presumption that every person has legal capacity and that it is only in cases expressly provided for in the same law that it must be presumed that a person is not in a position to assume responsibility or to exercise or claim rights under these conditions. Legal capacity is divided into enjoyment and movement. The first concerns the acquisition of rights and obligations, while the second is the exercise of rights and the performance of obligations. As we have already said, capacity is acquired at birth, but only that of enjoyment, that of movement is acquired until the age of majority or, exceptionally, by emancipated minors who can freely manage their property, but they cannot sell, give or transfer ownership of it unless this is done with the approval of a family or civil judge (as the case may be). If you are not legally competent, you will not be able to enter into any transactions or contracts, and therefore, whenever we enter into an agreement, we must ensure that the other party has the necessary legal capacity. It should be recalled that, according to the last paragraph of article 1502 of the Civil Code, the legal capacity of a person is to be able to “engage without the ministry or the authorization of others”.