The concept of legal capacity/capacity in civil law is central. Key aspects of these categories are defined by the Constitution. The Civil Code specifies general provisions.
The concept and emergence of civil legal capacity
A person can give up subjective legal options. At the same time, his legal capacity will always be preserved. What does she represent? This term defines the ability of a person to bear duties and have rights. It appears at birth and ends at death.
Specifics
The concept and content of civil capacity must be distinguished from the possession of legal capacity. The category under consideration serves only as a general premise. The concept of civil legal 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 endowed with ownership of some thing, say, a car. However, thisdoes not mean that he has a vehicle. Ownership arises as a result of certain actions. For example, when concluding a purchase and sale transaction. Before purchasing a car, a person had only legal capacity - an immediate opportunity to exercise his rights. After the transaction, it turned into reality and he became the owner.
Volume
Considering the concept of civil legal capacity of a person, it is necessary to determine the range of legal opportunities that it has. It should be said that the principle of equality applies in this matter. This means that the concept of civil legal capacity is interpreted in relation to different subjects in the same way. Each person has the same legal options 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 implies the following possibilities:
- Have property.
- To bequeath and inherit we alth.
- Perform certain entrepreneurial and other activities not prohibited by law.
- Create a legal entity.
- Conclude any transactions that are not contrary to the rules.
- Choose where to live.
- Own copyright in works of art, science, literature.
- Have other non-property and property legal options.
Nuance
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 indicate whether all the elements of legal possibilities appear at the moment of a person's birth? The above principle of equality does not mean the absolute coincidence of their volume in all subjects. So, a person who has just been born cannot have all the legal possibilities. From this it follows that the very fact of birth itself does not yet indicate the emergence of legal capacity in full. Some of its elements appear when a certain age is reached.
Besides, it is necessary to correctly interpret the expression "at the time of birth". Establishing it 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 a 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 by him, even if he died after a few minutes or seconds. In some cases, legislation protects the interests of the unborn child as a future subject of rights. In particular, under Art. 1116 of the Civil Code, people who are alive at the time of opening the case, conceived before the death of the testator and born after it are allowed to inherit.
Inalienability
The concept of civil legal capacity is closely related to the personality of the subject. She confesses tohuman legislation. At the same time, according to the norms, the subject cannot waive legal capacity. Therefore, it is an inalienable category. In addition, limitation of legal capacity is not allowed. An important rule is contained in this regard in Article 22 of the Civil Code. Paragraph 3 of the norm states that transactions aimed at restricting legal capacity are void. The subject can exercise his legal possibilities (gift, sell, exchange a thing, etc.). However, he cannot reduce the scope of his own legal capacity.
Exceptions
Considering the concept of civil legal capacity from the point of view of inviolability, several cases should be noted when it can be limited. In particular, such a situation is possible within the framework of imputed criminal punishment. According to a court decision, a citizen may not be deprived of all legal capacity, but only part of it. For example, he may be prohibited from carrying out any activity or being in a particular position. Restriction of legal capacity takes place even in the absence of illegal actions. In Art. 66, in particular, it is established that the participation of certain people in business companies and partnerships, except for joint-stock companies, may be limited or prohibited by the norms.
Capacity
It assumes the possibility of acquiring legal opportunities and fulfilling obligations through the commission of independent actions by a person. Capacity is the second mandatory element,allowing a person to be a full-fledged subject of civil law relations. It depends on various factors: the state of he alth, age, etc. Accordingly, the legal capacity may be different for a particular citizen. The legislation distinguishes 4 main groups into which people are united according to the volume of their legal capabilities. In particular, a citizen may be fully, partially, partially, incompetently capable.
Coming of Age
Citizens who have reached the age of 18 are considered fully capable. This provision is enshrined in Article 21 of the Civil Code. At the same time, citizens who have married before the age of 18 can become fully capable. Reducing the age to 16 is allowed only in those regions where marriage is allowed from 16. The acquired legal capacity is retained by the spouses even in the event of a divorce. By court order, however, the marriage may be declared invalid. In this case, the minor spouse may be deprived of full legal capacity.
Emancipation
It represents the declaration of the subject at the age of 16 fully capable. This is possible by decision of the body of guardianship and guardianship with the consent of the parents or by a court order. The basis for emancipation is labor activity under a contract or entrepreneurship. It should be noted that emancipation, coming of age or marriage do not affect the concept of civil capacity. It remains in a person regardless of thoseor other events.
Underage
This category includes persons 6-14 years old. 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:
- Small domestic nature.
- Assigned to the gratuitous acquisition of benefits (gifts) that do not require state registration or notarization.
- By disposal 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 reached the age of 18 can acquire not all, but only specific rights. They realize some legal possibilities only with the consent of legal representatives. The last ones are parents, adoptive parents, guardians, trustees. The implementation of a separate category of rights can be carried out through the commission of transactions by legal representatives on behalf of minors.
