Concept and Forms
Capacity to act of a natural person refers to the ability of an individual to independently acquire civil rights and assume civil obligations through their own actions (in the Republic of Lithuania). Even passive behavior, such as renouncing an inheritance, is considered a manifestation of legal capacity.
Interaction between legal capacity and capacity to act: A newborn is legally capable but does not yet have the capacity to act. During this time, their rights are exercised by parents or guardians. Full civil capacity in Lithuania arises upon reaching the age of majority, which is 18 years.
Natural persons are classified into four groups based on the scope of their capacity:
- Fully capable individuals (from the age of 18),
- Partially capable individuals (minors aged 14 to 18),
- Individuals with limited capacity (capacity restricted by a court due to abuse of alcohol or narcotics),
- Incapable individuals (children under the age of 14 and individuals declared incapable by a court due to intellectual disability or mental illness).
A natural person may also acquire full civil capacity before turning 18. This occurs upon marriage, if the court, under Article 3.14 of the Civil Code of the Republic of Lithuania, lowers the legal marriage age. If the marriage is later dissolved or annulled for reasons unrelated to age, the full capacity remains. Full capacity may also be obtained through emancipation. A minor who has reached the age of 16 may be recognized as fully capable if they can independently exercise the rights and obligations of an adult, for example, by earning a salary sufficient to purchase real estate or otherwise participate in civil transactions. At the request of parents or guardians, the court – under Article 2.9 of the Civil Code of the Republic of Lithuania – may declare such a minor fully capable (emancipated), provided the minor agrees. However, if the emancipated minor, in exercising their rights or duties, causes harm to their own or others’ rights or legitimate interests, the court may, upon the request of parents or guardians, revoke the recognition of full capacity.
Full civil capacity is acquired gradually as a person reaches certain age milestones (in the Republic of Lithuania). Until the age of majority, minors may only have partial civil capacity, except for the previously mentioned exceptions.
Partial Civil Capacity
Minors who have reached the age of 14 acquire partial capacity and are personally liable for their contractual obligations. From this age, they may conclude any transactions with the consent of their parents or guardians. Transactions entered into without such consent remain valid if the consent is granted afterward.
They also have the right to independently manage their income and any property acquired with that income, as well as to exercise copyright over their creations, inventions, or industrial designs. They may conclude minor daily transactions, gratuitous transactions, and transactions involving the use of funds earned by themselves or provided by their legal representatives or others, provided that such transactions do not require a notarial or other special form.
If a minor spends or uses their funds irresponsibly, guardianship institutions or other interested parties may apply to the court to restrict or revoke the minor’s right to independently manage their income and property.
Restriction of Legal Capacity
The legal capacity of a natural person may be restricted by a court decision (in Lithuania) if the person abuses alcohol, narcotics, or toxic substances. Abuse is understood as dependence on alcohol, narcotics, or toxic substances.
A petition to restrict legal capacity may be filed by a spouse, parents, adult children, a guardianship institution, or the prosecutor. Once a person is recognized as having limited capacity, the court establishes guardianship and appoints a guardian. Such a person has restricted rights in relation to property – they may conclude transactions involving property, or collect wages, pensions, or other income only with the guardian’s consent.
The court may also require the guardian’s consent for other transactions. The guardian is not liable for the contractual or non-contractual obligations of the adult with limited capacity. However, the guardian may provide consent retroactively if the transaction benefits the person with restricted capacity. Any transactions involving the transfer of property or real rights entered into without the guardian’s consent (except minor daily transactions) are contestable and may be declared void by the court at the request of the guardian or the prosecutor.
A natural person who, due to a mental illness or intellectual disability, is unable to understand the meaning of their actions or to control them may, by a court decision (in the Republic of Lithuania), be declared completely incapable. In such a case, the person’s spouse, adult children, a guardianship institution, or the prosecutor may file a petition with the court requesting that the person be declared incapable.
The court appoints an expert evaluation and, based on the findings of a forensic psychiatric examination, may declare the person incapable if the mental illness or intellectual disability prevents them from understanding or controlling their actions. Guardianship is then established for the declared incapable person, and all transactions on their behalf are carried out by the guardian. However, the Civil Code provides the possibility of approving a transaction made by an incapable person if such a transaction is beneficial to them.
A petition to lift the restriction of legal capacity may be filed by the person’s spouse, parents, adult children, a guardianship institution, or the prosecutor. The person whose capacity has been restricted also has the right to apply.
If a person declared incapable recovers, the court, upon the request of their spouse, parents, adult children, a guardianship institution, or the prosecutor, may declare the person capable. Once the court decision becomes final, the established guardianship is lifted.