The concept of civil capacity and legal capacity

занимает центральное место. The concept of legal capacity / legal capacity in civil law is central. The key aspects of these categories are determined by the Constitution. General provisions are specified in the Civil Code.

The concept and emergence of civil legal capacity

A person can give up subjective legal opportunities. At the same time, his legal capacity will always be preserved. What is it? This term determines the ability of a person to bear responsibilities and have rights. It appears at the moment of birth and ceases with the onset of death.

Specificity

необходимо отличать от обладания юридическими возможностями. The concept and content of civil legal capacity must be distinguished from having legal capabilities. The category in question is only a general prerequisite. свидетельствует о том, что человек может иметь конкретные юридические возможности и нести соответствующие обязанности. The concept of civil capacity and legal capacity indicates that a person can have specific legal opportunities and bear the corresponding responsibilities. Let's consider a simple example. The subject is given the right of ownership to some thing, say, a car. However, this does not mean that he has a vehicle. The right of ownership arises from the commission of certain actions. For example, when concluding a sale-purchase transaction. Before buying a car, a person possessed only legal capacity - a direct opportunity to exercise his rights. After the transaction, it turned into reality and it became the owner.

Scope

, необходимо определить круг юридических возможностей, которыми оно обладает. Considering the concept of a person's civil capacity , it is necessary to determine the range of legal opportunities that it possesses. It should be said that the principle of equality operates in this matter. трактуется по отношению к различным субъектам одинаково. This means that the notion of civil legal capacity is treated equally with respect to different subjects. Everyone has the same legal opportunities as the people around him. In the 18th article of the Civil Code (part 1), there is an approximate list of them. The concept of civil legal capacity of citizens includes the following possibilities:

1. Have property in property.
2. Bequeath and inherit material values.
3. To carry out certain business and other activities not prohibited by law.
4. Form the legal entity.
5. Conclude any transactions that do not contradict the norms.
6. Choose a place of residence.
7. Possess copyright on works of art, science, literature.
8. Have other non-property and property legal opportunities.

Nuance

в ГК вызывает ряд вопросов. The formulated concept of civil legal capacity in the Civil Code raises a number of questions. In particular, first of all it is necessary to designate, whether all elements of legal possibilities appear at the moment of a person's birth? The above principle of equality does not mean an absolute coincidence of their volume in all subjects. So, a person who has just appeared in the world can not have all the legal possibilities. From this it follows that the very fact of birth does not yet indicate the emergence of legal capacity in full. Its individual elements appear when a certain age is reached.

In addition, it is necessary to correctly interpret the expression "at the moment of birth." Its establishment is of practical importance in many cases. In particular, when deciding on the issue of heirs. The moment of birth is determined by medical data. From the legal point of view, it does not matter whether the child was viable at the time of birth or not. The very fact of birth indicates the acquisition of legal capacity, even if he died in a few minutes or seconds. In some cases, legislation protects the interests of the unborn child as the future subject of rights. In particular, according to Art. 1116 Civil Code for inheritance allowed people who are at the time of opening the case alive, conceived until the death of the testator and born after it.

Inalienability

тесно связано с личностью субъекта. The concept of civil capacity is closely related to the personality of the subject. She recognizes the human legislation. In this case, according to the norms, the subject can not refuse legal capacity. Hence, it is an inalienable category. In addition, the restriction of legal capacity is not allowed. An important rule is contained in this regard in the 22nd article of the Civil Code. Paragraph 3 of the rule states that transactions that are aimed at limiting legal capacity are void. A subject can realize his legal capabilities (donate, sell, exchange an item, etc.). However, he can not reduce the amount of his own legal capacity.

Exceptions

с точки зрения неприкосновенности, следует отметить несколько случаев, когда она может быть ограничена. Considering the concept of civil capacity in terms of immunity, it should be noted several cases where it may be limited. In particular, such a situation is possible within the framework of the imputed criminal punishment. According to a court decision, a citizen may not be deprived of all legal capacity, but only of its part. For example, he may be prohibited from carrying out any activity or being in one or another position. Restriction of legal capacity takes place and in the absence of illegal actions. In Art. 66, in particular, it is established that the norms may restrict or prohibit the participation of some people in business associations and partnerships, except for joint-stock companies.

Competence

It presupposes the availability of the opportunity to acquire legal opportunities and fulfill responsibilities through the commission of individual actions by the individual. Capacity to act is the second mandatory element that allows a person to be a full-fledged subject of civil legal relations. It depends on various factors: the state of health, age, etc. Accordingly, the capacity to act may vary for a particular citizen. Legislation distinguishes 4 main groups into which people are united in terms of their legal capacity. In particular, a citizen can be fully capable, partially, limited, incompetent.

The age of majority

Citizens who have reached the age of 18 are considered to be fully capable. This provision is enshrined in Article 21 of the Civil Code. At the same time, citizens who are married before the age of 18 can become fully capable. Reducing the age to 16 years is allowed only in those regions where marriage is allowed from 16. Acquired legal capacity is reserved for the spouses even in the event of divorce. According to the court's decision, however, the marriage can be declared invalid. In this case, the minor spouse may be deprived of full legal capacity.

Emancipation

It is a declaration of a person at the age of 16 who is fully capable. This is possible by the decision of the guardianship authority and guardianship with the consent of the parents or by court order. As the basis for emancipation is labor activity under a contract or business. . It should be noted that emancipation, attainment of majority or marriage does not affect the concept of civil legal capacity . It persists in a person, regardless of any events.

Young

This category includes people aged 6-14. For them, transactions are made only by legal representatives. Meanwhile, the law defines a number of exceptions. In particular, minors are allowed to carry out transactions:

1. Small domestic character.
2. Directed to gratuitous acquisition of benefits (gifts), which do not require state registration or notarization.
3. By order of funds received from legal representatives or with the consent of the latter from third parties for free use or for certain purposes.

Minors

Persons who have not attained the age of 18 can acquire not all but only specific rights. Some legal opportunities they implement only on the consent of legal representatives. The last act parents, adoptive parents, guardians, trustees. The implementation of a separate category of rights can be carried out through the commission of legal representatives of transactions on behalf of minors.