The whole world is conditionally divided into adults and children. It is no secret that the older generation has more rights, duties and responsibilities in all countries. In Russia there is such a thing as legal capacity. It occurs at a certain age and ideally never disappears. Everyone should know about this component of human life. But what exactly? In full civil capacity arises under what circumstances? What rights and obligations are granted to a citizen? In all this, every law-abiding person must understand. In fact, everything is simpler than it seems.
Legal capacity is ...
The first thing to do is to be aware of what this is all about. What is called legal capacity?
In Russia, this term refers to the onset of age at which the child begins to be fully responsible for his actions. He bears full civil liability. Parents are no longer responsible for the actions of children, they have no right to prohibit or indicate what to do.
According to the Civil Code of the Russian Federation (Article 21), a citizenβs legal capacity is the ability to provide for his life through his actions. For example, be responsible for committed violations and transactions. It is assumed that a person is fully aware of the consequences of certain actions.
Several stages of growing up
In Russia, the studied feature has several degrees. More precisely, a person goes through different stages of becoming active. "Jump" them will not work. Only in some situations is it allowed to speed up the process.
In full civil capacity arises at what age? To answer this question, you need to familiarize yourself with the stages of "growing up" of a citizen.
It is proposed to break down the stages of becoming a full citizen as follows:
- Absolute incapacity. It lasts until the child is 6 years old. Children at this age cannot be held accountable for their actions. This is due to the characteristics of the psyche. Legal representatives are fully responsible for the ward.
- Under the age of 14, minors are generally recognized as legally incompetent. But at the same time, it is allowed to make certain transactions independently or with the permission of parents / guardians in Russia. For example, carry out small household activities that are aimed at meeting the needs. Let's go shopping for groceries. We can assume that juvenile legal capacity has come . This wording is in the Civil Code.
- After receiving a passport, the child becomes partially competent. He is already responsible for some of his deeds, and may be held accountable. But the bulk of transactions is still made only with the permission of the (written) legal representatives. Moreover, after the previously indicated age, a citizen has the right to independently spend personal money (for example, received from part-time work in the summer).
- And at what point does full civil legal capacity come? When is this possible? It is no secret to anyone that in Russia, after adulthood, a citizen is considered a mature personality, capable of being responsible for himself and his behavior.
There is nothing difficult to understand. Nevertheless, this is far from all the nuances that a citizen should know about. There are some more points not considered earlier.
Early adulthood
Life is something unpredictable. And therefore, under certain circumstances, the civil capacity of a citizen arises in full ahead of schedule. In practice, exceptions to the rules are not too common. In addition, there are not so many of them.
When is a citizen able to be fully responsible for actions and be accountable to the state ahead of schedule? Only two layouts stand out. This is about:
- Getting married. There are a number of cases in which you can play a wedding legally before the age of 18. For example, during the pregnancy of the bride. Then at the time of the conclusion of the marriage, the child becomes competent. After a divorce, the opportunity to bear responsibility for the committed acts is not lost.
- Self-sufficiency features. This process is called emancipation. It is possible from 16 years old. In this case, the child must be registered as an individual entrepreneur or have official employment. It is about work under the contract. If parents agree to the process, emancipation is given by the guardianship authority. Otherwise - in court.
It follows that even before adulthood, full legal capacity can be achieved. But, as already mentioned, in Russia such a practice is not welcome. The most common situations associated with marriage. But the emancipation of modern adolescents is not known.
Limitations
From now on, it is clear how much full civil capacity arises. In practice, it is from adulthood that a person can be responsible for his actions and independently make all decisions. Only parents rarely accept this fact. And even after this age, they still try to limit their children in rights.
It is not right. Yes, the law restricts legal capacity. But under certain circumstances. Which ones?
It is important that a person cannot be responsible for the actions that he performs. For example, he was psychologically ill. Then all restrictions are imposed in court. In principle, legal capacity is an inalienable concept. Take it away completely will not work. A restriction is permitted only in court.
Disability Cases
In practice, only 2 variants of the development of events are known in which civil capacity may be limited. Civil law of the Russian Federation indicates that you can go to court if:
- This is a teenager of 14-18 years old. You can limit it in the right to dispose of personal money. If a citizen has received emancipation, it will not work to realize the idea. In the same way as in the case of marriage. The reasons are the unreasonable distribution of profits, the presence of bad habits.
- An adult citizen by his actions puts the family in a difficult financial situation. The only implications are addiction and alcohol / drug abuse. They can deprive a person of the right to receive and dispose of earnings. At the same time, responsibility for actions or inaction will still be.
Legal capacity can not only be limited, but also returned in full. This is done in court, in accordance with established requests.
Terms & Conditions
Civil capacity arises in full from 18 years. But at the same time, a person must meet certain requirements. Which one?
Among them are:
- coming of age;
- psychological health;
- physical health (lack of disability).
There are no more conditions. If a citizen is not sick, he appropriately perceives information, his legal capacity is assigned.
Effects
What does this lead to? As already mentioned, a citizen gets the opportunity to answer personally to the law enforcement officers for all his actions. Absolute financial and property independence appears.
The consequences of the limitation of legal capacity is the transfer of responsibility for certain operations to a specially designated person. As a rule, he is chosen among relatives. A citizen is either fully responsible for a person with limited legal capacity, or partially. For certain operations, you must obtain the consent of the person responsible.
Summary and Conclusions
The capacity of a citizen - the concept, occurrence, consequences and conditions of deprivation of this feature - is no longer a mystery. In fact, everything is simpler than it seems.
It is enough to remember that partial legal capacity comes after receiving a passport as a teenager, from the age of 14. A complete - from 18. In exceptional cases, you can become independent in 14-16 years. In full civil capacity arises at adulthood!