| 单词 | capacity |
| 释义 | capacity capacity strictly, the ability of a person to effect a legal transaction. Questions of capacity differ according to whether the person is a nat- ural or a juristic person. If the latter, capacity will be governed by the document or statute creating the person. Thus, in the case of a pub- lic corporation, the relevant founding statute (as amended) will set out what the corporation can or cannot do. Likewise, the capacity of local authorities to enter into transactions is set out in the Local Gov- ernment Acts; the capacity of companies is governed by their mem- orandum and ARTICLES OF ASSOCIATION. (In Australia and New Zea- land, in the absence of provisions to the contrary in the memoran- dum and articles, companies are endowed with the powers of natur- al persons.) Traditionally, in English law three categories of natural persons lacked full capacity, namely, infants, lunatics and married women. The Married Women's Property Act 1882 removed the remaining disabilities for married women. So far as persons under 18 years are concerned, the position is regulated by the Minors' Con- tracts Act 1987.In Scots law, women have equal capacity to contract as men. So far as those under 18 years are concerned, the position is regulated by the Age of Legal Capacity (Scotland) Act 1991. |
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