1. LEGAL CONCEPTS

2. Is it possible that a one month old baby Liisa owns a piece of land?

3. 1. LEGAL CAPACITY (oikeuskelpoisuus)
= ability to possess and to be in debt
=> being a legal subject, having legal personality
Natural person
(luonnollinen henkilö)
Legal capacity
- commences at birth
- ceases at death

4. 2. Juristic (juridical) person
(oikeushenkilö)
Legal capacity
Commences when an organisation is “born”
Generally by official registration
Ceases when the existence of the organisation ends
On making a notification of dissolution to a register
By dissolution because of bankruptcy
By authorities clearing the register of non-active organisations
Ltd, Co,
Inc.

5. Today Liisa is 15 years old and she still owns the piece of land
Today Liisa is 15 years old and she still owns the piece of land. Now she decides to sell it and buy a horse instead. Can she do it?

6. 2. CONTRACTUAL CAPACITY = LEGAL CAPABILITY
(oikeustoimikelpoisuus, toimintakelpoisuus)
= capacity to make legal transactions
=> right to
establish or
amend or
abolish rights

7. 1. Natural persons Contractual capacity
begins when a person attains the age of 18
ends when he dies
Unless his competence is restricted

8. 2. Juristic persons
Contractual capacity begins and ceases as legal capacity

9. Natural persons who lack contractual capacity:
1. Adults unable to take care of their financial affairs or their property
=>
Court may restrict the person’s competence as to given property or given transactions or
declare him incompetent / ward
Court appoints a guardian

10. Persons under 18: minors =>
- the parents are guardians by virtue of law
- court may also appoint a guardian
Minor’s restricted contractual capacity:
(rajoitettu oikeustoimikelpoisuus)
1. A minor can take legal actions usual and of little significance
2. A 15-year old can make an employment contract as an employee and terminate it
3. A 15-year old has the right to dispose of his own earnings, the proceeds of these earnings and what he has bought with his earnings

11. STATUS OF NATURAL PERSONS
BIRTH
DEATH
Legal capacity
Contractual capacity
= Legal capability
Restricted
legal
capability
AGE 18 15
Penal responsibility / criminal liability
(rikosoikeudellinen vastuunalaisuus)
Indemnification liability / liability for damages
(siviilioikeudellinen vastuunalaisuus)
Modified from: Kivelä, H. – Nordell, R Yrittäjän oikeutta. Helsinki.