Contractual Capability

From Open Risk Manual

Definition

Contractual Capability. The capacity to enter into legally binding contracts


Issues and Challenges

This is the capacity which defines Contractually Capable Entity (sometimes labeled as 'Legal Entity') as distinct from 'Legal Person'. In the latter case the liabilities incurred in the contract accrue also to the Legal Person. In the case of contractual capability, the entity has the authority to enter into contracts, whether or not the liabilities accrue to that same entity (which they do if it is also a Legal Person). For Legal Entities which are not Legal Persons, the liability unwinds to some legal person within the structure of the entity, for example a General Partner or a Trustee.

Disclaimer

This entry annotates a FIBO Ontology Class. FIBO is a trademark and the FIBO Ontology is copyright of the EDM Council, released under the MIT Open Source License. There is no guarantee that the content of this page will remain aligned with, or correctly interprets, the concepts covered by the FIBO ontology.

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