Legal capacity in civil law is considered as a specific opportunity of the subject. She ensures his participation in legal relations. Let us further consider what constitutes the civil capacity of citizens .
Definition
Civil legal capacity is the ability of the subject to carry out actions aimed at the realization of his rights and the performance of duties associated with them. This definition is present in Article 21 of the Civil Code (part 1). In Art. 37 Code of Civil Procedure, an explanation is given to the concept of " civil procedural capacity ". It implies the possibility of the subject to exercise their rights, bear responsibilities in court, entrust the conduct of affairs to the representative.
Offensive conditions
Civil legal capacity is a category, primarily dependent on age. The opportunity to exercise the rights independently and bear responsibility for this arises in a person after he reaches 18 years of age. At the same time, there is one more circumstance, depending on which civil capacity is placed. This is the state of health of the subject. According to it, there is a different scope of possibilities.
Classification
The legal capacity of civilians may be:
- Partial. At the same time, the capacity of minors up to 18 and 6-14 years is shared.
- Complete.
- Limited.
In addition , a citizen may be declared incompetent in general. Consider these forms in detail.
Full civil legal capacity
As a general rule, it occurs when a person reaches adulthood. In a number of cases, however, the law permits that a person under 18 years of age has a civil legal capacity. This is possible, for example, upon marriage. Domestic legislation sets a minimum age threshold at which people can officially register a relationship - 18 years. However, the norms allow its reduction to 16 years. An even greater reduction in marriageable age is permitted only in those regions of the country where the minimum threshold is 16 liters.
Important point
It is worth saying that the civil legal capacity of an individual acquired in connection with entry into marriage, with a divorce up to 18 years, is preserved. In other words, the entity continues to exercise its rights and responsibilities as an adult. The only exception may be the case of invalidation of the marriage. This procedure is carried out in court. If there are grounds, a decision may be made on the loss by a person of acquired legal capacity.
Emancipation
It is an announcement of a sixteen-year-old citizen as fully capable. Such a situation is possible on the basis of the decision of the guardianship authority and guardianship. In this case, it is necessary to obtain consent from the parents or other legal representatives of the child. If it is absent, then emancipation can be carried out in a judicial proceeding. The basis for the recognition of legal capacity is work under a labor agreement or entrepreneurial activity.
Minors
They have partial legal capacity. It means that the minor has not all, but only some opportunities. They can exercise the remaining rights with the consent of the parents, guardians, adoptive parents, or legal representatives themselves carry out the necessary actions on their behalf. Legal capacity varies by age.
Minors
For citizens under the age of 14, most of the transactions can be made only by their legal representatives. The norms, however, provide for a number of permitted actions. For example, minors have the right to commit independently:
- Small transactions of a domestic nature. For example, it could be the purchase of products in a store.
- Transactions whose purpose is to receive any good for free (gift). At the same time, they must not establish mandatory procedures for state registration or notarization.
- Transactions related to the expenditure of funds received from legal representatives or with their consent from third parties for certain purposes or for free disposal.
Teens
Persons whose age is 14-18 years old receive the right to independently make transactions. But it is necessary to obtain the consent of legal representatives. It must be in writing. Such a requirement is present in article 26 of the Civil Code (part 1). A transaction concluded in the absence of a properly executed consent may be declared invalid. This provision is contained in Art. 175. In this case, the norms define a list of actions that a teenager can perform independently. These include:
- Small transactions of a domestic nature.
- Disposal of own income. This may be a scholarship, earnings, etc.
- Realization of copyright to works of art, science, literature, inventions, etc.
- Contribution to financial institutions and their disposal.
Limitations
They are allowed only in cases directly established by law. For example, the abuse of narcotic substances or alcohol is one of the grounds for restricting legal capacity (Article 30 of the Civil Code). In such a situation, trusteeship is established over the subject. A person has the right to conclude transactions related to the disposal of property, his income (pension, salary, etc.). However, this requires the consent of the trustee. Transactions made by a limitedly capable entity on their own will be deemed invalid. Moreover, he will be liable for the damage caused.
Incapacity
It is established in court. Recognition of a person as incompetent is carried out on the basis of a medical report confirming the presence of a mental disorder, as a result of which a citizen cannot be aware of the importance of his own actions and manage his behavior. This provision is established by Article 29 of the Civil Code (part 1). Examination of the subject is carried out as part of a forensic psychiatric examination. The expert opinion is taken into account by a court authorized to make an appropriate decision. Disability means that a citizen cannot acquire and exercise rights, and also bear obligations. Custody is established over such an entity. For actions that are committed by a legally incapable person, the responsibility is the guardian or the organization that oversees him.
Doing business
The key elements of the content of civil legal capacity are the opportunity to independently conclude transactions and bear property responsibility for their consequences. Possessing rights and obligations, an entity can engage in entrepreneurial activity without creating a legal entity. To do this, he needs to register with the territorial department of the Federal Tax Service as an individual entrepreneur. Entrepreneurship may be carried out by the head of the farm. The main provisions governing activities are present in Articles 23 and 25 of the Civil Code. Moreover, in some cases, the rules provided for legal entities may be applied to entrepreneurs. Registration of foreigners, stateless entities, as an IP is carried out in accordance with the provisions of the Federal Law No. 129. This normative act also establishes the procedure for the termination of entrepreneurial activity and the procedure for conducting a USRIP.
Liability Specifics
The status of an entrepreneur imposes certain obligations on an individual. In particular, he must be responsible for debts to the budget and creditors. In particular, he is charged with paying statutory taxes and fees, paying off debts to contractors. If for some reason a citizen cannot satisfy the claims of creditors regarding his activities as an entrepreneur, the court may declare him bankrupt. The procedure is carried out in the manner prescribed by law. Satisfaction of claims made by creditors is carried out at the expense of the entrepreneur’s property. The rules set the order in which the debt is repaid. In accordance with the Federal Law No. 127, citizens who do not have the status of an entrepreneur can be declared insolvent.