Legal capacity is the power to establish rights and obligations through one's own conduct. Who has it, when does it begin, when does it end? An overview of the Swiss rules.
Legal capacity (Art. 12 et seq. CC) is the legal power to establish rights and obligations through one's own actions. It presupposes two components: majority (completion of the 18th year) AND capacity of judgment. Both must be present simultaneously — if one is missing, legal capacity is limited or absent.
Legal personality (Art. 11 CC) is the quality of being the bearer of rights and obligations. It begins with the completion of birth and ends with death. Every person has legal personality — even an infant can be an heir, own an account, become a party to a contract, represented by legal representatives.
Legal capacity is narrower: it additionally requires the capacity to act reasonably. An infant has legal personality but no legal capacity — they cannot independently conclude a contract.