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Capacity to Sue and Be Sued

The ability to conduct a lawsuit oneself.

A person has capacity to sue and be sued if they can effectively take part in court proceedings through their own actions. This generally requires legal capacity to enter into transactions. For persons lacking this capacity, legal representatives or guardians act on their behalf.

The relevant statutes

§ 52 ZPO

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Related terms

General explanation for self-help, not legal advice (RDG). Individual cases may differ: if in doubt, contact a consumer advice center or a lawyer.