The subject's legal capacity is a concept unfamiliar to persons who do not possess deep knowledge in jurisprudence. What it is is outlined in the article below.
Definition of the term
The Civil Code determines that any individual has two types of qualities. This is legal capacity. The latter means that a person has rights. Any person has legal capacity from the moment of birth, that is, the child born is already legal, he has various rights, for example, the right to life, the right to education, etc.
Unlike legal capacity, legal capacity does not appear from birth. In fact, this concept means that a person has the opportunity to create certain obligations for himself, to fulfill them, to exercise some other rights.
The emergence of legal capacity and its types
As a general rule, legal capacity appears from the moment of adulthood. When a person turns eighteen years old, then he, in accordance with the law, is considered fully capable. From that time on, he can carry out any transactions, conclude any contracts at his discretion without any permission, perform any other legally significant actions. However, even a person under the age of eighteen is known to have the right to make transactions. Depending on the age of the subject, legal capacity is just divided into types. There are two types of legal capacity. The first, as indicated above, is full legal capacity. The second is partial legal capacity.
Partial legal capacity of minors
In turn, partial legal capacity is also divided into certain categories. The types of legal capacity (partial) are as follows: the first is the civil capacity of minors who have not yet reached the age of fourteen. However, they should already be at least six years old. Such children have the smallest legal capacity, they are allowed to perform only the actions specified by law. All other actions performed by such children will be deemed invalid. The law clearly defines what such children can do:
- Buy, sell, make other small household transactions. For example, a child may exchange a toy 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 deemed valid.
- Children of this age can spend the money that their parents gave them. Any child can safely buy any sweets in the store, and this will be in accordance with the law.
- Valid transactions will also be recognized, which do not need to be certified by a notary, and their outcome is the benefit of a minor. Moreover, such a benefit should be free of charge.
There is no civil legal capacity for minors up to six years of age, all their actions are void, that is, transactions will be invalidated.
Older faces
Types of legal capacity include a more voluminous, but incomplete ability to exercise legal capacity. So, the next type of partial legal capacity is the one that exists in children under the age of eighteen years, but more than fourteen years. For such children, the ability to exercise their rights is already wider. In addition to being able to perform the same actions as minors, they can also:
- Open bank accounts.
- Be Authors.
- Participate in cooperatives.
However, these are actions that they can perform on their own. 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 the guardians, trustees. For example, a child aged 15 years old is already able to complete the sale of real estate, if there is a written consent of the legal representatives.
Full legal capacity
As already mentioned, full legal capacity comes with adulthood. However, in practice, there are cases where such legal capacity appears in minors. The legislation allows recognizing such ability for such persons, but only if they meet the established requirements.
So, the parents of a minor have the right to give consent to their son or daughter so that they can establish full legal capacity if they, in turn, are engaged in labor activities and receive income. They can also do entrepreneurial work, and that too will be the basis. However, if some parent does not agree that his child will be extended his rights, then he can go to court. Then the judge will resolve this issue.
Another reason is marriage. Of course, the marriage must be legal and registered with the competent authorities. It is believed that minors in a marriage should have the right to take any legal action.
Disabled persons
Types of legal capacity include not only full and partial ability, but also its slightly different variety. This is enshrined in the Civil Code in Article 29. Restriction of legal capacity is the so-called restriction of the rights of a fully competent person. According to regulatory enactments, only a court is authorized for such measures, and they are taken against citizens who suffer from alcohol or drug addiction. The court, at the request of relatives or other interested parties, may restrict them in the exercise of their rights. For example, in practice, there are often cases when such sick people are forbidden to make transactions.
Restriction of legal capacity is a measure to which persons whose relative is also ill with a mental illness are forced to resort. The procedure of deprivation (restriction) of rights in this case is also carried out through the judicial authorities. If a mental illness is more serious, then it can be completely deprived of legal capacity.
Conclusion
Thus, not all individuals can exercise their rights, as well as create some duties, as the Civil Code defines. Legal capacity is that quality which is acquired with age, however in some situations it can be lost. Another distinguishing feature of this quality is that it cannot be transmitted, it cannot be abandoned. The types of legal capacity considered in this article are exhaustive, but in some cases there are exceptions that, as expected, are considered only in court.