How To Determine The Legal Capacity Of A Citizen

Table of contents:

How To Determine The Legal Capacity Of A Citizen
How To Determine The Legal Capacity Of A Citizen

Video: How To Determine The Legal Capacity Of A Citizen

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Legal capacity should be understood as the ability of a person to acquire and exercise civil rights by his actions, creating obligations for himself - to fulfill them and bear full responsibility for this. The possibility of taking actions that ultimately lead to the emergence or termination of certain rights and obligations depends on the age of the citizen and on the state of his health. Therefore, the legal capacity of individual citizens may not be the same.

Legal capacity of a citizen
Legal capacity of a citizen

Instructions

Step 1

Depending on various factors, legal capacity is subdivided into full legal capacity, legal capacity of minors between the ages of 14 and 18, and legal capacity of minors between the ages of 6 and 14. Also, on grounds determined by law, a citizen can be recognized as incapacitated or partially incapacitated. The full legal capacity of a citizen consists in the exercise of any property and personal non-property rights permitted by law, that is, in the ability to realize his legal capacity in full.

Step 2

According to the Civil Code, legal capacity occurs in full when a citizen reaches the age of 18. However, in some situations, full legal capacity may arise even before the onset of majority. The law allows marriage until the age of 18, when a citizen acquires full legal capacity from the moment of marriage. Another basis for recognizing a person as fully capable is emancipation, that is, declaring a minor who has reached the age of 16 as fully capable by the decision of the guardianship and guardianship authority, with the consent of the parents or by a court decision.

Step 3

Adolescents between the ages of 14 and 18 are legally entitled to enter into transactions themselves, but only with the written consent of their parents, adoptive parents or guardians. Otherwise, according to the civil code, such a transaction may be invalidated. Of course, the law determines the possibility of a teenager making a number of independent transactions. These include small household transactions, transactions for the disposal of their earnings or scholarships, making contributions to credit institutions and fully managing them.

Step 4

Partially capable are called citizens who have not reached the age of majority, who by their actions can acquire, but not all, but only a certain range of civil rights. For minors under the age of 14, only parents or guardians can make transactions on their behalf. But minor children between the ages of 6 and 14 have the right to make small household transactions; transactions based on gratuitous receipt of benefits (gift); as well as transactions for the disposal of funds allowed by legal representatives.

Step 5

Restriction of the legal capacity of citizens is allowed only by a court decision and in cases directly provided for by law. The reason for the implementation of such measures may be the abuse of alcoholic beverages or drugs. If the court nevertheless made a decision on limiting the legal capacity of a citizen, then guardianship is necessarily established over him. From that time on, he can make transactions, dispose of property and receive a pension only with the consent of the trustee, otherwise this transaction may be invalidated. Citizens are recognized as incompetent only by a court decision and only if a person, due to a mental disorder, simply cannot understand the meaning of his actions and control them.

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