When Civil Legal Capacity Occurs

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When Civil Legal Capacity Occurs
When Civil Legal Capacity Occurs

Video: When Civil Legal Capacity Occurs

Video: |Islamic Jurisprudence-II| |Legal Capacity| |Lecture 03 (1)| 2022, December
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Civil legal capacity begins from the moment a citizen reaches the age of majority. However, the current legislation provides for individual cases of the onset of full legal capacity up to eighteen years, subject to certain conditions.

When civil legal capacity occurs
When civil legal capacity occurs

The age of onset of full civil legal capacity is established by Article 21 of the Civil Code of the Russian Federation. In accordance with this provision, any citizen acquires full legal capacity from the moment he reaches the age of eighteen, that is, the age of majority. Only after this can a person fully complete many transactions, exercise certain rights, and assume responsibilities. The civil legal capacity of minors is limited, and its specific limits are established depending on age by the norms of legislation. There are also cases of acquiring civil legal capacity before reaching the age of eighteen.

Acquisition of civil legal capacity upon contraction of marriage

If the legislation allows the conclusion of marriage before the person reaches the age of eighteen, then upon the exercise of the corresponding right, the citizen acquires full legal capacity. At the same time, the law specifically stipulates that the subsequent dissolution of such a marriage if the person does not reach the age of eighteen does not lead to limitation of legal capacity, that is, the person remains capable. But the recognition of the marriage as invalid in court can lead to a limitation of legal capacity, which remains at the discretion of the court, which must indicate the relevant circumstance in the decision.

The onset of legal capacity during emancipation

Another special case of the onset of civil legal capacity before reaching the age of eighteen is provided for by Article 27 of the Civil Code of the Russian Federation. This article reveals the concept of emancipation, which implies the declaration of a person working under an employment contract, engaged in entrepreneurial activity, who is at least sixteen years old, fully capable. This announcement is carried out by the guardianship authorities, which must first obtain the consent of the legal representatives of the minor. If the parents, other legal representatives do not provide such consent, then the recognition of the legal capacity of the emancipated person can take place only by a court decision. Emancipation is of great practical importance, since from the moment of its implementation, the minor is independently responsible for his own obligations, it is no longer possible to assign responsibility to his parents.

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