Concept and types of legal capacity

The capacity of the subject is a concept for people who do not have deep knowledge of law, an unfamiliar one. What is it is set forth in the article below.

Definition of term

The Civil Code defines that any individual has two types of qualities. This is the capacity and legal capacity. The latter means that a person has rights. Legal capacity appears in any person from the moment of birth, that is, the born child is already legal, he has various rights, for example, the right to life, the right to education, etc.

Unlike legal capacity, the capacity to act does not appear from birth. In fact, this concept means that a person has the opportunity to create for himself certain duties, perform them, exercise some other rights.

The emergence of legal capacity and its types

As a general rule, legal capacity appears from the moment of majority. When a person turns eighteen years old, according to the legislation, he is considered fully capable. Since that time, he can carry out any transactions, conclude any contracts at his own discretion without anyone's permission, and carry out some other legally significant actions. However, even a person under the age of eighteen is known to have the right to make deals. Depending on the age of the subject, capacity is just divided into species. In total there are two types of legal capacity. The first, as mentioned above, is full legal capacity. The second is partial capacity.

Partial capacity of minors

In turn, partial capacity is also divided into certain categories. The types of capacity (partial) are as follows: the first relates to the civil capacity of minors who have not yet reached the age of fourteen. However, they must already be at least six years old. Such children have the smallest legal capacity, they are allowed to produce only certain actions determined by law. All other actions performed by such children will be considered void. The law clearly defines what these children can do:

1. Buy, sell, make other small household transactions. For example, a child can make an exchange of toys for another with another child. At the same time the price of such a toy should be reasonable, appropriate to the age of the child. Such a transaction will be recognized as valid.
2. Children of the specified age can spend the money that their parents gave them. Any child can safely buy himself in the store some sweets, and it will comply with legal norms.
3. Deals will also be recognized as valid, which need not be certified by a notary, and their total is the benefit of a minor. At the same time, this benefit should be free of charge.

The civil capacity of minors under six years is absent, all their actions are insignificant, that is, the transactions will be declared invalid.

Older persons

Types of capacity include a more voluminous, but incomplete capacity for the realization of legal capacity. So, the following kind of partial capacity is the one that exists in children under the age of eighteen, but more than fourteen years. In such children, the ability to exercise their rights is already broader. In addition to being able to perform the same actions as minors, they can also:

1. Open accounts in banks.
2. Be the authors.
3. Participate in cooperatives.

However, these are actions that they can produce themselves. Their legal capacity allows such minors to make almost any transaction with the consent of their parents, and in the absence of the latter - with the permission of guardians, trustees. For example, a child at the age of 15 years is already able to make a purchase and sale of real estate, if there is a corresponding written consent of legal representatives.

Full legal capacity

As already mentioned, full legal capacity comes with age. However, in practice, there are cases when such incapacity appears in minors. Legislation is allowed to recognize such persons for such ability, but only if they meet the established requirements.

Thus, the parents of a minor have the right to give consent to his son or daughter, so that they are able to establish their full capacity, if they, in turn, are engaged in labor activity, receive income. They can also carry out entrepreneurial work, and this too will be the basis. However, if a parent does not agree to expand his rights to his child, he or she can apply to the courts. Then the judge will resolve the issue.

Another reason is marriage. Of course, the marriage must be legal and registered in the authorized bodies. It is believed that juveniles who are in a marriage union must have the right to carry out any lawful actions.

Limited persons with legal capacity

Types of capacity include not only full and partial ability, but also a slightly different version of it. The Civil Code stipulates this in Article 29. The limitation of legal capacity is the so-called narrowing of the rights of a fully capable person. According to the normative acts, only the court is authorized to take such measures, but they are taken against citizens who suffer from alcohol or drug addiction. The court, at the request of relatives or other interested persons, may restrict them in the exercise of their rights. For example, in practice, there are often cases when such sick people are prohibited from making transactions.

The limitation of legal capacity is a measure to which persons whose relative is also sick with mental illness are forced to resort. The procedure for the deprivation (restriction) of rights in this case is also conducted through the judicial authorities. If the mental illness is more serious, then capacity can be deprived altogether.

Conclusion

Thus, not all persons can exercise their rights, as well as create any duties, as the Civil Code defines. Competence is the quality that is acquired with age, but in some situations it may be lost. Another distinguishing feature of this quality is that it can not be transmitted, it can not be abandoned. The types of legal capacity considered in this article are exhaustive, but in some cases there are exceptions, which, as expected, are considered only in the courts.