Civil legal capacity, just like civil legal capacity, is part of legal personality. Its value is quite large.
The legal capacity of citizens is nothing more than the abstract (potential) ability of an individual to bear responsibilities, as well as have rights. This ability is equally recognized by all citizens. The moment of occurrence is birth, the moment of termination is death. Such legal capacity possesses such properties as inalienability and abstractness. Civil procedural legal capacity gives a guarantee that the interests of a person , if necessary, will be protected in court.
In some cases, people become capable even before birth. As an example, we can name a situation when a person dies, and his unborn child becomes his heir. Of course, the unborn child has no rights, but the interests of the possible heir are still protected by law.
Civil legal capacity and its scope
Article 18 of the Civil Code contains a list of those rights that relate to the concept of civil legal capacity. This article mentions:
- the right to bequeath or inherit property;
- the right to engage in entrepreneurial activity (meaning activities not prohibited by law);
- the right to have property;
- the right to open any legal entities;
- the right to make all kinds of transactions;
- have copyright ;
- have a place of residence and so on.
The list is not exhaustive - citizens may have rights that are not specified in the article at all.
Members of the company carry out, as well as acquire duties and rights under their own name. It is through names that individualization is carried out. The use of foreign names is prohibited. However, it is worth considering that everyone has the right to use a pseudonym - that is, a fictitious name. In exceptional cases, it is allowed not to disclose either a fictitious or a real name. Civil legal capacity will not change if a person changes the name that was given to him at birth. When it is changed, old responsibilities are also retained. A new obligation also arises - giving creditors information regarding changes in passport data.
What is the civil legal capacity of citizens of other countries
It is determined by the laws of the country from which a particular person arrived. If a person, being on the territory of the Russian Federation, has dual citizenship, one of which is Russian, it is the basis of his civil legal capacity.
A foreign citizen who has a residence in the Russian Federation must obey Russian law. In the presence of several citizenships, a person should rely on the citizenship of the country in which he has a place of residence. Stateless persons (persons who do not have any citizenship) should consider the law of the country in which they live as personal law.
Note that in most cases, stateless persons, as well as foreign nationals throughout our country, have exactly the same duties and rights as its residents.
What is the capacity of citizens
If civil legal capacity implies that a person can bear duties and have rights, then civil legal capacity means that he can fulfill duties, acquire and exercise legal rights. Legal capacity may be:
- complete;
- partial;
- limited;
- zero.
As already mentioned at the beginning, the combination of legal capacity is a civil legal personality, that is, the ability to both bear and exercise their own rights, as well as have and fulfill duties.