العلاقة بين الأهلية و الذمة

Abstract

Understanding Legal Capacity، Liability، and Their Interrelation

This research primarily aims to address a fundamental question concerning the essence of legal capacity and liability، exploring the relationship between them. The divergence between jurists and legal theorists regarding the proof of legal capacity and the denial or affirmation of liability، whether positive، negative، or solely negative، is a central focus. The methodology employed combines inductive reasoning with deductive and analytical approaches، necessitated by the need to observe، deduce، and analyze intricacies.

Key findings include the classification of legal capacity into two forms: capacity of obligation and capacity of performance، both intricately linked to human life and the completeness of one's intellect. Liability is delineated into two aspects: positive، involving the acquisition of rights، and negative، entailing the assumption of duties. Importantly، liability is associated with the capacity of obligation rather than the capacity of performance.

In conclusion، this study sheds light on the nuanced concepts of legal capacity and liability، emphasizing their interplay and distinct characteristics within legal frameworks