1.2.7. Prohibitions. It is the disqualifications to take certain measures in general or with regard to certain people that are imposed by a legal veto. “Legal capacity makes it possible to shape, modify or terminate legal relationships voluntarily and autonomously. 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 was not born. This type of ability is not limited by any type of physical or mental condition. The capacity to exercise may be in the mind of a natural or legal person, such as a company or a company, since it may enter the legal order in accordance with legal requirements in order to be bound and to be creditors of rights which, although different from the rights of natural persons, require the capacity to exercise. It is this capacity that one has through the fact of being human and acquiring the rights that result from this condition. If it is a legal person, it acquires its capacity to practice if it is incorporated in person in accordance with legal requirements. In the case of natural persons, the capacity to exercise is acquired by fulfilling the age of majority, which in the Colombian case is 18 years, in order to exercise the contractual rights and obligations themselves.
However, it is important that minors or persons with any disability can also exercise their rights, but that they are represented. In the area of procedure, legal capacity also determines the capacity of the person to be a party to the trial, so that in proceedings before the civil courts in accordance with the provisions of the LEC, he may have such a status: “1. Natural persons. 2. The unborn child has been designed for all the effects that are favorable to him. 3. Legal persons. 4. Separate assets or assets that temporarily have no owner or whose owner has been deprived of its powers of disposition and management. 5. Entities without legal personality to which the law recognises the capacity to be a party”170. The main differences between absolute incapacity for work and relative incapacity lie in the fact that: special permits that allow the act to be maintained with an age below the legal majority of eighteen years; (b) therefore, the will of minors who may grant it from the age of fourteen; (c) marriage after emancipation or from the age of fourteen with the authorization of the judge; (d) the acquisition of property by occupation; and, inter alia, (e) acceptance of donations.
In view of his civil status, the capacity to act has been defined as: “the legal capacity of the person who, according to his State, determines the legal validity of his acts”, whether he is his own or his persons outside the company. 1.2.6. Ability to act in a particular way. It is only in very rare exceptional cases and for certain specific actions that the age is different from the eighteen years generally required by law for normal cases. such as the capacity to be the holder or subject of rights and obligations arising from legal relationships”168; If the personality and aptitude attribute is legal capacity, it follows that both could be the same or sometimes at least have the same effects. The dismantling of legal capacity is called legal incapacity, with two forms of it, the legal and the natural. Incapacity is not really a form of legal incapacity, but a set of restrictions on the actions that some people can take with respect to certain people and certain property, for example, a judge cannot buy the goods that are part of the processes in which he or she intervened. Natural disability is the product of a physical condition as enumerated by local civil laws and the Federal Civil Code in article 450: minority, decrease in intellectual capacity, frequent consumption of alcohol or drugs, persistent illness, loss of the ability to decide or govern oneself or to express one`s will. 1.1.2. Definition. Legal capacity is closely linked to the notion of person without becoming synonymous with terms.
Capacity is an integral part of personality, one of its qualities or manifestations, “the ability to be a rights holder and to assume duties”. The law is based on the presumption that every person has legal capacity and that it is only in cases expressly marked by the same law that it must be assumed that a person is not in a position to assume responsibilities or to exercise or claim rights under such conditions. Legal capacity is one of the attributes of personality, although federal and local legislation in Mexico does not define it, according to doctrine we can understand it as: the ability of a person to have rights and duties and to exercise them. In order to achieve the determination of incapacity for work, it is also necessary that the support system does not work. Incompetence can only be explained if the person cannot identify with his fellow human beings and cannot say what he wants or does not want.