incapacity

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incapacity

Law
a. legal disqualification or ineligibility
b. a circumstance causing this
References in periodicals archive ?
The subject of the incapacities of civil law has a direct connection with (the) goods law, with (the) legal obligations, with (the) successions etc.
As it has been shown in the doctrine, it must not be considered like incapacities of use some enclosing or limits that perform in other branches of law, for example, in (the) constitutional law, (the) administrative law, (the) labor law etc.
On the other side, incapacity cannot be mingled with the inalienability because this one refers to a good or a right that cannot be transferred by acts between living persons (3), at the same time, neither with the unavailability that is a measure of suspension of the right of disposition concerning some goods, in order to maintain these ones in that respective person's inheritance; more generally, we shall not put the sign of equality between the incapacities (or one of them) and the limits of the law of property.
The exceptional character of the incapacities has a practical part on the domain of the probative law.