The concept of legal capacity in civil law is central. The key aspects of these categories are determined by the Constitution. The Civil Code specifies general provisions.
The concept and occurrence of civil legal capacity
A person can abandon subjective legal opportunities. At the same time, his legal capacity will always remain. What is she like? This term defines the ability of a person to bear responsibilities and have rights. She appears at the time of birth and ceases with the onset of death.
Specificity
The concept and content of civil legal capacity must be distinguished from the possession of legal capabilities. The category in question acts only as a general premise. The concept of civil legal capacity and legal capacity indicates that a person can have specific legal capabilities and bear the corresponding responsibilities. Consider a simple example. The subject is vested with ownership of some thing, say, a car. However, this does 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 acquiring a car, a person had only legal capacity - a direct 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 treated in relation to various subjects equally. Each person has the same legal capabilities 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:
- Own property.
- To bequeath and inherit material values.
- Carry out certain entrepreneurial and other activities not prohibited by law.
- Form a legal entity.
- To conclude any transactions that are not contrary to the norms.
- Choose a place to live.
- Possess copyright on works of art, science, literature.
- Have other non-property and property legal opportunities.
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 elements of legal opportunities appear at the time of the birth of a person? The above principle of equality does not mean absolute coincidence of their volume in all subjects. So, a person who has just been born cannot have all the legal capabilities. It follows from this that the fact of birth itself 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 time of birth." Its establishment has practical value in many cases. In particular, when deciding on the 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, even if he died after a few minutes or seconds. In some cases, legislation protects the interests of an 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. It is recognized by a person as a law. At the same time, according to the norms, the subject cannot refuse legal capacity. Therefore, it is an inalienable category. In addition, restriction of legal capacity is not allowed. An important rule is contained in this in Article 22 of the Civil Code. Paragraph 3 of the norm states that transactions that are aimed at restricting legal capacity are void. The subject can realize its legal capabilities (to present, sell, exchange a thing, etc.). However, he cannot reduce the scope of his own legal capacity.
Exceptions
When 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. By a court order, a citizen may lose not all legal capacity, but only part of it. For example, he may be forbidden to carry out any activity or to be in one or another position. Restriction of legal capacity takes place in the absence of illegal actions. In Art. 66, in particular, it was established that the norms may limit or prohibit the participation of certain people in business companies and partnerships, except for joint-stock companies.
Legal capacity
It assumes the availability of the opportunity to acquire legal capabilities and fulfill obligations through the commission of independent actions by a person. Legal capacity is the second mandatory element that allows a person to be a full-fledged subject of civil law relations. It depends on various factors: state of health, age, etc. Accordingly, legal capacity may be different for one or another citizen. The legislation distinguishes 4 main groups into which people unite according to the volume of their legal capabilities. In particular, a citizen may be fully capable, partially, partially, legally incompetent.
Adulthood
Citizens over 18 years of age are considered to be fully competent. This provision is enshrined in Article 21 of the Civil Code. At the same time, citizens who have entered into marriage before the age of 18 may 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 retained by spouses even in case of divorce. By court order, however, marriage may be declared null and void. In this case, the minor spouse may be deprived of full legal capacity.
Emancipation
It is an announcement of a subject at the age of 16 years fully capable. This is possible by decision of the authority of guardianship and guardianship with the consent of the parents or by court order. The basis for emancipation is employment under a contract or entrepreneurship. It should be noted that emancipation, coming of age or marriage does not affect the concept of civil legal capacity . It persists in a person, regardless of certain events.
Minors
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 household character.
- Benefits (gifts) aimed at gratuitous acquisition that do not require state registration or notarization.
- 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 reached the age of 18 may not acquire all, but only specific rights. They realize some legal possibilities only with the consent of their legal representatives. The last ones are parents, adoptive parents, guardians, trustees. The realization of a separate category of rights may be carried out by means of legal transactions on behalf of minors.