The limited legal capacity of the child refers to the fact that a child
is not yet entitled by law to engage in legal activities and cannot be held
liable for contractual obligations. Children under 18 years of age may reach
legal capacity at different ages in regard to specific actions, for instance
giving consent to certain medical treatments or obtain voting rights in local
elections. National law defines where this is the case.
The guardian has a duty to complement the limited legal capacity of the
child. This means to legally represent and assist the child in all actions
where the child’s legal capacity is limited by national law, in accordance with
the age of the child. The guardian is tasked to complement the child’s limited
legal capacity in all civil, administrative or judicial proceedings. In some
legal proceedings, the child will require in addition a professional
lawyer to represent the child.[1]