Human and civil rights are freedoms and duties that are protected and limited by the Constitution. It should be remembered that this document lists both rights and obligations. One without the other is simply impossible! However, there are various subspecies and categories of law, the main of which is civil. It, like any other, assumes the presence of subjects and objects. The latter category includes relations, contracts, etc. The subjects of this part of the law are, first of all, the so-called individuals. The second category consists of legal entities. And the third is the state and its institutions.
Legal entities are all kinds of organizations and enterprises that conduct and carry out their activities according to one chosen and legally established form (LLC, OJSC, ZAO, ChUP, etc.). Individuals, as subjects of civil law, are, first of all, citizens of a given country. At the same time, a person who falls into this category strictly observes the duties that are assigned to him and are taken into account by the Constitution. A citizen of a country has all the political rights and freedoms that take place on the territory of a given state and approved by law. Individuals, as subjects of civil law, are also citizens of other republics residing in the area. Or, in other words, foreign citizens. Any country recognizes a stranger as a person who has documents proving his belonging to another state. If people do not have any certificates and forms confirming their citizenship to another republic (kingdom, federation, etc.), and also they are not citizens of the country in whose territory they are currently located, then they are stateless persons. These people have the same rights as the two previous categories (local residents and foreigners). Thus, individuals as subjects of civil law include citizens of a given country, other states and stateless persons.
At the same time, almost every person has a legal personality. This concept implies the ability of a person to influence and succumb to the influence of civil law. Two terms are included here - legal capacity and legal capacity.
In order for a person to be a subject of civil law, he must confirm that he can independently, without any help, fulfill all his civil duties. This is legal capacity. This parameter is inalienable, that is, no one can limit a person in it - only the law. Individuals, as subjects of civil law, can have one of three types of legal capacity.
Legal capacity |
Legal capacity of minors | Partial legal capacity | Full legal capacity |
From birth to the age of 6, the child has the first category of legal capacity of this type. | When a child turns 14 years old, he has the full constitutional right to take part in many transactions, while the financial responsibility sometimes falls on parents, guardians, etc. This legal capacity lasts until a person reaches the age of eighteen. | It comes at the age of 18. Moreover, there are conditions when full legal capacity may occur earlier. The first option is if the citizen entered into a legal marriage before the age of 18. The second - if a person has been working since 16 years. This should be formalized by an employment contract and supported by the consent of the parents or his guardians. |
Upon reaching 6 years, the baby can independently participate in small transactions. This lasts up to 14 years. | | |
In addition to legal capacity, there is also legal capacity - the second part of legal personality. This term means that a person has the right to bear civil rights and fulfill the duties assigned to him by the Constitution.
At the same time, a person has the right to freely and freely carry out activities aimed at generating income (entrepreneurship), may be the owner of real estate, and also has the right to work. All this belongs to such a category as the economic rights of citizens of the Russian Federation.