SOURCES OF THE FINNISH LAW - Haaga-Helia ammattikorkeakoulu

LEGAL CONCEPTS Is it possible that a one month old baby Liisa owns a piece of land? 1. LEGAL CAPACITY (oikeuskelpoisuus)

= ability to possess and to be in debt => being a legal subject, having legal personality 1.Natural person (luonnollinen henkil) Legal capacity - commences at birth - ceases at death 2. Juristic (juridical) person

(oikeushenkil) Ltd, Co, Inc. 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 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?

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

1. Natural persons Contractual capacity begins when a person attains the age of 18 ends when he dies Unless his competence is restricted 2. Juristic persons Contractual capacity begins and ceases as legal capacity

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

2.Persons under 18: minors => - the parents are guardians by virtue of law - court may also appoint a guardian Minors 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 STATUS OF NATURAL PERSONS BIRTH Legal capacity Restricted legal

capability AGE 0 DEATH Contractual capacity = Legal capability 18

15Penal responsibility / criminal liability (rikosoikeudellinen vastuunalaisuus) Indemnification liability / liability for damages (siviilioikeudellinen vastuunalaisuus) Modified from: Kivel, H. Nordell, R. 2001. Yrittjn oikeutta. Helsinki.

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