Ability to carry out civic duties. Civil capacity is the ability to have civil rights and to bear obligations.

Individual is a citizen Russian Federation, a foreign state or a stateless person, endowed with rights and obligations by virtue of the very fact of existence.

In other words, an individual is a person who acts as a subject of legal relations.

By virtue of birth, he has legal capacity, by virtue of age and subjective qualities - capacity.

Individual as a subject of civil law

An individual as a participant in civil legal relations has a number of features and properties that individualize him and affect him. legal status. Such signs and properties include: name, age, citizenship, marital status, gender.

Legal status

In general, an individual may have different legal statuses, sometimes several at once, such as a stateless person, a citizen, a foreigner, a refugee.

Legal capacity of individuals

Civil legal capacity is the ability to have civil rights and bear obligations.

The legal capacity of a citizen arises at the moment of birth and ceases at the moment of death.

The legal capacity of all citizens is the same.

Each of the citizens can have the same rights as any other (general legal capacity).

An approximate list of civil rights that may belong to individual citizens is contained in the Civil Code of the Russian Federation.

So citizens can:

own property;

inherit and bequeath property;

engage in entrepreneurial and any other activities not prohibited by law;

create legal entities;

make any transactions that do not contradict the law;

choose a place of residence;

have other property and personal non-property rights.

Legal capacity of individuals

To be a full participant in civil law relations, a citizen must have legal capacity.

Legal capacity is the ability of a citizen to acquire and exercise civil rights and to create civil duties for himself and fulfill them by his actions.

The possibility of taking actions that result in the emergence or termination of certain rights or obligations of a citizen depends both on the age of the citizen and on the state of his health, as a result of which, in contrast to the legal capacity, the legal capacity of individual citizens may turn out to be unequal.

Citizens are divided into four groups according to the volume of legal capacity:

fully capable;

partially capable;

limited capacity;

incompetent.

Fully capable citizens are citizens who have reached the age of 18 (adult citizens).

It is customary to call partially capable citizens who have not reached the age of 18, that is, minors.

Minors by their actions, that is, independently, can acquire not all, but only a certain range of civil rights.

They may acquire other rights only with the consent of their parents, adoptive parents or guardians, or only through transactions made on their behalf by parents, adoptive parents or guardians.

Restriction of legal capacity of citizens is not allowed, with the exception of cases expressly provided for by law. One of such cases is the restriction by the court of the legal capacity of citizens who abuse alcohol or drugs.

If a citizen’s legal capacity is limited, guardianship is established over him, and he can make transactions on the disposal of property, as well as receive wages, pensions or other types of income and dispose of them only with the consent of the guardian, otherwise the transaction may be declared invalid by the court.

However, such a citizen independently bears property liability for transactions made by him and for the harm caused to him.

Citizens who, due to a mental disorder, cannot understand the meaning of their actions or control them, are recognized as legally incompetent by a court decision.

The assessment of the health of a citizen is not given by the court, but by a forensic psychiatric examination.

But only a court has the right to recognize a citizen as incompetent. guardianship is established over a citizen recognized as incompetent.

Recognition of a citizen as legally incompetent means that he has no right to acquire and exercise civil rights and obligations by his actions.

On behalf of the legally incompetent, the transaction is made by his guardian.

Responsibility for harm caused by a citizen recognized as incompetent shall be borne by his guardian or an organization obliged to supervise him.

Responsibility of natural persons

An individual can be brought to administrative, civil, disciplinary and criminal liability.

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Individual: details for an accountant

Participation in the procurement of individuals without IP status
There are legislative norms containing prohibitions for individuals without IP status to carry out those ... registration of relations with which the taxpayer (individual) receives income, in this case ... which, when concluding a contract with an individual (except for an individual entrepreneur or other ... It is important to note that in relation to individuals engaged in private practice, there are ... any information relating to an individual (subject of personal data), and processing ...
Tailoring of stage costumes under a GPC agreement with an individual
A culture that makes payments in favor of an individual under a civil law contract ... whether an individual is an individual entrepreneur or not. An individual is not an individual entrepreneur. Insurance premiums ... and other remuneration in favor of individuals subject to mandatory social insurance in ... insurance premiums payments in favor of individuals who are individual entrepreneurs, applied ... of a civil law nature, concluded with individuals, are subject to reflection under those sub-articles ...
New reporting on personal income and personal income tax amounts
For individuals' income "Certificate of income and tax amounts of an individual" (hereinafter - new ... for individual income "Certificate of income and tax amounts of an individual" (hereinafter - Procedure ... for individuals' income "Certificate of income and amounts of tax of an individual". 4. Procedure ... for the income of individuals "Certificate of income and amounts of tax of an individual", which is issued ... information on the income of individuals accrued and actually received by an individual in monetary and .. .
On the obligation of an individual to independently pay personal income tax
Relate: individuals– based on the amounts of remuneration received from individuals and ... and industrial designs; individuals who receive from individuals who are not individual entrepreneurs ... tax on dividends is made by the individual on his own. An individual - a tax resident independently ... apply to income received by individuals from the sale of property, directly ... was used in entrepreneurial activities, an individual ceased to operate as ...
Qualification of the activities of individuals as entrepreneurial
general rule established by the current legislation, an individual has the right to engage in entrepreneurial activities without ... recipients) of the specified property, with the exception of individuals who are not individual entrepreneurs. The specified ... body proved the implementation of entrepreneurial activities by an individual not registered as an individual ... activity, and determine whether an individual is engaged in entrepreneurial activities or implements his ...
Is it possible to reduce the useful life of used fixed assets received from individuals
From individuals, fixed assets (OS) that were in operation. For example, individuals often ... use fixed assets received from individuals. The question is important, since the definition of SPI ... the use of fixed assets received from individuals. The question is important, since the definition of SPI ... is about an individual without the status of an individual entrepreneur. Doesn't the operation of the facility by an individual reduce...
Can personal income tax transferred for a representative - an individual, be included in legal costs?
Personal income tax is recognized by individuals who are tax residents of the Russian Federation, as well as individuals who receive income ... that the payment of remuneration to a representative - an individual is impossible without deductions of personal income tax to ... indicating that the representative - an individual has an obligation to transfer to the budget. .. provision of paid services concluded with an individual, being tax agent, is obliged to calculate ... personal income tax paid for a representative - an individual, on the losing side among ...
Currency and tax control of individuals
Inclusive. Increasing attention to the income of individuals is due to the increasing awareness of the legislator ... the activities of corporations are their owners - individuals. It is important to note that the obligation to submit... to the tax authorities about open accounts of resident individuals in foreign banks existed... of opening an account. By imposing a duty on individuals to disclose information to legislatures... enrollment wages to an account of a resident natural person opened in a foreign bank...
On approval of the form of information on the income of individuals and amounts of personal income tax
An employee of an institution should be notified in writing to an individual - a taxpayer and a tax authority about ... circumstances; the form of a certificate on income received by individuals and withheld amounts of information ... income and tax amounts of an individual”, which is issued to individuals upon their applications to ... the tax turned out to be the result of a change in the status of an individual; field “Amount of tax not withheld ... on income accrued and actually received by an individual by months tax period, in...
Important changes in property tax for organizations and individuals
On property for individuals? For the property tax of individuals, it has also been clarified ... for the tax on the property of individuals, depending on the type ... the application of the corresponding deductions has been increased for individuals with three or more ... If the object of taxation belongs to such an individual, then the tax base in relation to... objects of taxation on the property of natural persons, in respect of which it is granted... it will be possible to represent. How can an individual calculate property tax on ...
Payment of dividends to an individual - the sole founder of an LLC
It paid dividends to its sole founder - an individual. After the submission of the annual accounting (... paid dividends to its sole founder - an individual. After the submission of the annual accounting (... payment of dividends to the sole founder - an individual, personal income tax must be calculated from all ... shares. * * * LLC has the right to pay to an individual - dividends to the sole founder on the basis of ... Law No. 14-FZ. Dividends paid to an individual by a company are subject to personal income tax ...
Personal taxes: Property tax
Calculation of the property tax of individuals based on the cadastral value ... calculation of the tax on the property of individuals based on the cadastral value ... tax on the property of individuals The tax on the property of individuals is calculated by itself ... calculation of the tax on the property of individuals To check the correctness calculation... taxable. Tax on the property of individuals is subject to (clause 1 ... features of the procedure for taxing the property of individuals based on the cadastral value, ...
An individual gives an interest-free loan to an organization: tax consequences
If a loan is issued from an individual to an organization (an LLC applying the simplified tax system ... of a loan? If a loan is issued from an individual to an organization (an LLC using ... sources outside the Russian Federation - for individuals who are tax residents of the Russian Federation; from .. sources in the Russian Federation - for individuals who are not tax residents of the Russian Federation ... N 20-14 / 3 / 101546), an individual (employee, founder) does not receive ... personal income tax, arises from the lender - an individual in case repayment by the borrower...
Collection of company debts from owners - individuals
Collection of tax debts of a company from individuals, judicial practice shows that ... the liability of two directors of a company - individuals and its main owner (Cyprus ... tax debts from owners of a company - individuals. Important! In practice, this means ... more than 25%; an individual and a company in the event that an individual is directly and (or ... %; individuals in the event that one individual reports to another individual by official position; an individual, his ...
Renting a car from an individual and repair costs
Lease from an individual freight car for use in ... wants to rent a truck from an individual for use ... to repair a car rented from an individual; the tenant bears the costs of ... applying special tax regimes, individuals, etc.), according to the Ministry of Finance ... depreciable property (as leased from individuals), can be risky. In ... 636 of the Civil Code of the Russian Federation: the lessor (individual) is obliged to maintain the leased ...

1. The ability to have civil rights and bear obligations (civil capacity) is recognized equally for all citizens.

2. The legal capacity of a citizen arises at the moment of his birth and ends with his death.

Civil legal capacity is inseparable from the very existence of man. As long as a person is alive, he has legal capacity. In Art. 17 of the Civil Code of the Russian Federation stipulates that the legal capacity of a citizen arises at the time of his birth and ends with death. The moment when a person is considered born is determined not by legal, but by medical categories (the moment when spontaneous breathing begins). Termination of legal capacity is associated with biological death, when the return of a person to life is excluded.

The content of civil legal capacity is a set of civil rights and obligations that a citizen may have in accordance with the current legislation. In accordance with Art. 18 of the Civil Code of the Russian Federation “citizens may have property on the basis of the right of ownership; inherit and bequeath property; engage in entrepreneurial and any other activities not prohibited by law; create legal entities independently or jointly with other citizens and legal entities; make any transactions that do not contradict the law and participate in obligations; have the rights of authors of works of science, literature and art, inventions and other legally protected results of intellectual activity; have other property and personal non-property rights”.

The most significant of these rights are constitutional in nature. This is an opportunity to own property, inherit it, have the right to housing, the rights of authors. The state guarantees the legal capacity of citizens. "Inaccessibility of deprivation and limitation of the legal capacity of a citizen":

1. No one may be limited in legal capacity and capacity otherwise than in cases and in the manner prescribed by law.

2. Failure to comply with the conditions and procedure established by law for restricting the legal capacity of citizens or their right to engage in entrepreneurial or other activities shall entail the invalidity of the act of the state or other body establishing the relevant restriction.

3. Full or partial waiver of a citizen's legal capacity or capacity and other transactions aimed at limiting legal capacity or capacity are void, except when such transactions are permitted by law.

Thus, the citizen himself does not have the right to completely or partially waive legal capacity or capacity. The state reserves the right to restrict the rights and freedoms of citizens by issuing an appropriate federal law. However, this can only be done in a state of emergency (martial) with an indication of the limits and duration of such a restriction (if it is necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state).

But even in these cases such rights and freedoms as:

The right to live.

Protecting my honor and good name.

The dignity of the individual.

Privacy.

Freedom of conscience and religion.

The right to free use of their abilities and property for entrepreneurial activities.

The right to housing.

The right to judicial protection of rights and freedoms. It is allowed to restrict certain rights that are part of the content of legal capacity, as a punishment established by a sentence or a court ruling in a criminal case, in the form of: deprivation of the right to hold certain positions or engage in certain activities; deprivation of the right to move freely within the territory of the country (exile, expulsion), but only for a certain period within the limits established by law. Legal capacity is a general premise on the basis of which, in the presence of certain legal facts (i.e., life circumstances with which the law associates the onset of legal consequences), a person has a specific subjective right (an already existing right belonging to a specific person). An interesting circumstance, in my opinion, is that a citizen, having the right to renounce a specific subjective right, transfer it to another person (for example, the right of ownership of a specific thing), cannot renounce legal capacity in full or from any part of it.

Citizen capacity:

1. The ability of a citizen by his actions to acquire and exercise civil rights, create for himself civil duties and fulfill them (civil capacity) arises in full with the onset of adulthood, that is, upon reaching the age of eighteen.

2. In the case when the law allows marriage before reaching the age of eighteen, a citizen who has not reached the age of eighteen acquires legal capacity in full from the time of entering into marriage. Legal capacity implies the ability of a person to realize and correctly evaluate their actions that have legal significance, and manage them. Legal capacity consists of such elements as the ability to independently exercise the rights belonging to a person, to make transactions, thereby acquiring rights and assuming new obligations (deal capacity), and the ability to bear civil liability for harm caused by his unlawful actions (delictual capacity). The Civil Code of the Russian Federation establishes the presence and scope of the legal capacity of citizens, depending on age. Until the age of 6, a child is considered completely incompetent due to the absolute immaturity of the psyche. Citizens from 6 to 14 years of age are endowed with legal capacity of minors: minors aged from six to fourteen years have the right to independently commit:

1.small household transactions;

2. transactions aimed at gratuitous receipt of benefits that do not require notarization or state registration;

3. transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal.

Minors between the ages of 14 and 18 have partial legal capacity, as they can make transactions with the written consent of their parents, adoptive parents or guardian. At the same time, the scope of legal capacity, implemented independently, is expanding: to the scope of the rights of the previous age, Art. 26 of the Civil Code of the Russian Federation adds the right, without the consent of parents, adoptive parents and guardian, to dispose of their earnings, scholarships and other incomes; to exercise the rights of the author of a work of science, literature and art, an invention and other legally protected result of his intellectual activity; make deposits in credit institutions and dispose of them. Upon reaching the age of 16, they have the right to be members of cooperatives. From the age of 14, tortiousness arises, which, however, has a specificity, consisting in the fact that if a minor does not have the means to compensate for harm, the burden of compensation for him until he reaches the age of majority is placed on his parents, adoptive parents or guardian, unless they prove that the harm did not arise due to their fault. upon reaching the age of 18. It also means a completely independent property responsibility of a citizen. A citizen is liable for his obligations with all his property, with the exception of property, which, in accordance with the law, cannot be levied. Article 25 of the Civil Code of the Russian Federation establishes the procedure for the property liability of a citizen - an individual entrepreneur in the event that he is declared insolvent (bankrupt) by a court.

LEGAL CAPACITY

It means the ability to be the subject of rights and obligations, as well as the ability to have any right and obligation provided for by law, i.e. only in the presence of legal capacity can we talk about the emergence of specific subjective rights and obligations, legal capacity is a necessary prerequisite for the emergence and implementation of civil rights and obligations.

Legal capacity is recognized for all citizens of Russia, it arises from the moment of birth and ends with his death.

The moment of birth is from the beginning of spontaneous breathing.

The moment of death is from the moment of biological death.

Legal capacity is inseparable from a person; he has legal capacity throughout his life, regardless of age and state of health.

In the legal literature, civil legal capacity is often considered as a certain quality inherent in a citizen, this quality lies in the ability to have rights and obligations, and since such an opportunity is provided for and provided by law, it represents a certain subjective right of a particular person.

This right corresponds to and corresponds to duties, namely, everyone who enters into legal relations with a given citizen must not violate his legal capacity, i.e. legal capacity enjoys legal protection, which is typical for all subjective rights.

The understanding of legal capacity as a certain subjective right has received a convincing justification in domestic and legal literature.

Although this issue is debatable.

It is important to note that the norms on legal capacity are placed ahead of all other norms on subjective rights, thereby the legislator emphasizes its special significance, namely, to be inextricably linked with any of the subjective rights, since no other subjective civil rights are possible without civil legal capacity.

If legal capacity is a subjective right, then it is necessary to reveal its features in order to distinguish this subjective right from others.

Legal capacity differs from other subjective rights primarily in its specific content, it lies in the ability (legal possibility) to have civil rights and obligations.

In addition, civil legal capacity is also distinguished by its purpose, namely, it is designed to provide every citizen with a legal opportunity to have rights and obligations, using which he can satisfy his needs by satisfying his interests.

The third difference: the close connection of legal capacity with the personality of its bearer, namely, the law does not allow the alienation of legal capacity and its transfer to another third party. According to Article 22 of the Civil Code, all transactions aimed at limiting legal capacity are void.

Civil legal capacity is a right belonging to every citizen and inalienable from him, the content of which lies in the ability, the opportunity to have any civil rights and obligations permitted by law.

Legal capacity as a subjective right cannot be confused with specific subjective rights arising on its basis. Being legally capable does not mean having real rights and obligations that are allowed by law. Thus, legal capacity is only the basis for the possession of rights, and its premise.

For each citizen, the law recognizes the ability to have many property and personal non-property rights, but a particular citizen can never have the entire set of these rights, but only a part.

The acquisition of specific subjective rights and the possession of them means the realization of legal capacity.

An approximate list of property and personal non-property rights that a Russian citizen may have is in Art. 18 of the Civil Code of the Russian Federation.

Article 18. Content of the legal capacity of citizens

Citizens can have property on the right of ownership; inherit and bequeath property; engage in entrepreneurial and any other activities not prohibited by law; create legal entities independently or jointly with other citizens and legal entities; make any transactions that do not contradict the law and participate in obligations; choose a place of residence; have the rights of authors of works of science, literature and art, inventions and other legally protected results of intellectual activity; have other property and personal non-property rights.

· Own property

Inherit and bequeath property

Engage in entrepreneurial and any other activities not prohibited by law

Create u/l

Make any transactions that do not contradict the law, participate in obligations

・Choose where to live

· Have other property and personal non-property rights and obligations.

It can be seen that the legislator, defining the content of the legal capacity of citizens, speaks only of rights and does not directly define duties. Meanwhile, in Art. 17 of the Civil Code emphasizes the ability of citizens to have duties.

Article 17. Legal capacity of a citizen

1. The ability to have civil rights and bear obligations (civil capacity) is recognized equally for all citizens.

2. The legal capacity of a citizen arises at the moment of his birth and ends with his death.

Legally [art. 18 of the Civil Code] the legislator pays attention to rights, indirect indications of duties are present when this is said: citizens may have duties.

To engage in obligations means to acquire obligations.

Thus, the content of legal capacity includes the ability to bear duties.

Civil capacity It is the ability to have civil rights and bear responsibilities.

Legal capacity of a citizen occurs at birth and ceases at death(Article 17 part 1 of the Civil Code of the Russian Federation).

Subjectivity of rights and obligations

A citizen can waive a subjective right, but cannot waive legal capacity.

The ability to have civil rights must be distinguished from the possession of these rights. Legal capacity is only a general prerequisite for the emergence of subjective rights and obligations. The presence of legal capacity only indicates that a person may have certain civil rights, for example, for example, to a car, but this does not mean that this person is in this moment has a car. The right of ownership as a subjective right arises for a citizen as a result of certain legally significant actions (), for example, as a result of concluding a contract for the sale of a car. Before buying a car, a citizen had only civil legal capacity, i.e., the ability to have civil rights and bear obligations, and after buying this opportunity, this opportunity became a reality and he became the owner of a subjective civil right - the right to own a car.

Scope of legal capacity all citizens are the same. Each of the citizens can have the same rights as any other (general legal capacity). An approximate list of civil rights that may belong to individual citizens is contained in Art. 18 hours 1 of the Civil Code of the Russian Federation.

Citizens can:

own property;
inherit and bequeath property;
engage in entrepreneurial and any other activities not prohibited by law;
create legal entities;
make any transactions that do not contradict the law;
choose a place of residence;
have the rights of the author of works of science, literature and art;
have other property and personal non-property rights.

Civil capacity

To be a full participant in civil law relations, a citizen must also have legal capacity.

legal capacity- this is the ability of a citizen, by his actions, to acquire and exercise civil rights and create civil obligations for himself and fulfill them (Article 21 Part 1 of the Civil Code of the Russian Federation).

The possibility of taking actions that result in the emergence or termination of certain rights or obligations of a citizen depends both on the age of the citizen and on the state of his health, as a result of which unlike legal capacity, the capacity of individual citizens may not be the same.

Citizens are divided into four groups according to the volume of legal capacity:

fully capable;
partially capable;
limited capacity;
incompetent.

Full legal capacity

Fully capable citizens- these are citizens who have reached the age of 18 (adult citizens), - Art. 21 h. 1 of the Civil Code of the Russian Federation.

In some cases, full legal capacity occurs before the age of 18, namely:

Getting married before the age of 18

When the law allows marriage before reaching the age of 18, a citizen who has not reached this age acquires legal capacity in full from the time of marriage.

Reducing the age of marriage below 16 years is possible only in those subjects of the Russian Federation where marriage is allowed before the age of sixteen. Legal capacity acquired as a result of marriage is retained in full even in the event of dissolution of the barque before reaching the age of eighteen. If the bark is declared invalid (for example, a fictitious marriage), the court may decide on the loss minor spouse full legal capacity from the moment determined by the court.

Emancipation

Another basis for acquiring full legal capacity is emancipation.

Emancipation- declaration of a minor who has reached the age of 16, fully capable by decision of the guardianship and guardianship authority - with the consent of both parents, adoptive parents or guardian, or in the absence of such consent - by a court decision.

The grounds for emancipation are work under an employment contract or entrepreneurial activity.

Full civil capacity allows citizens to independently acquire any civil rights, as well as to assume and perform any civil duties.

Partial capacity

Partially capable it is customary to call citizens under the age of 18, that is, minors.

Minors by their actions, that is, independently, can acquire not all, but only a certain range of civil rights. They may acquire other rights only with the consent of their parents, adoptive parents or guardians, or only through transactions made on their behalf by parents, adoptive parents or guardians. It depends on the age of the minor.

Partial legal capacity of minors (from 6 to 14 years old)

For minors under 14 years old(minors), transactions can be made on their behalf only by their parents, adoptive parents or guardians. But minors aged 6 to 14 years have the right to independently commit:

small household transactions;
transactions aimed at gratuitous receipt of benefits (gifts) that do not require notarization or state registration;
transactions for the disposal of funds provided by a legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal.

Partial legal capacity of adolescents (from 14 to 18 years old)

juvenile aged 14 to 18 years old have the right to make transactions. However, this requires the written consent of parents, adoptive parents or trustees (Article 26 Part 1 of the Civil Code of the Russian Federation). Otherwise, a transaction made by a minor between the ages of 15 and 18 without the consent of parents, adoptive parents or trustees may be declared invalid by a court (Article 175 Part 1 of the Civil Code of the Russian Federation). At the same time, minors between the ages of 14 and 18 can make a number of transactions on their own. These include:

small household transactions;
transactions for the disposal of their earnings, scholarships and other incomes;
exercising the rights of the author of a work of science, literature and art, an invention and a similar object;
making deposits in credit institutions and managing them.

Limited legal capacity

Disability limitation citizens is not allowed, except in cases expressly provided by law. One of these cases is the restriction by the court of the legal capacity of citizens who abuse alcohol or drugs (Article 30 Part 1 of the Civil Code of the Russian Federation).

In case of restriction of the legal capacity of a citizen over him guardianship is established, and he can make transactions on the disposal of property, as well as receive, pension or other types of income and dispose of them only with the consent of the trustee, otherwise it may be declared invalid by the court.

However, such a citizen independently bears property liability for transactions made by him and for the harm caused to him.

incapacity

Incompetent by a court decision, citizens are recognized who, due to a mental disorder, cannot understand the meaning of their actions or manage them (Article 29 Part 1 of the Civil Code of the Russian Federation).

The assessment of the health of a citizen is not given by the court, but by a forensic psychiatric examination. But only a court has the right to recognize a citizen as incompetent. guardianship is established over a citizen recognized as incompetent. Recognition of a citizen as legally incompetent means that he has no right to acquire and exercise civil rights and obligations by his actions. On behalf of the legally incompetent, the transaction is made by his guardian. Responsibility for harm caused by a citizen recognized as incompetent shall be borne by his guardian or an organization obliged to supervise him.

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Civil capacity- the ability to have civil rights and bear obligations. Type of general legal capacity. The civil legal capacity of individuals arises from the moment of birth, and terminates with death. Some researchers believe that legal capacity is a special subjective right (the right to rights, some scientists have “second rights”).

Civil legal capacity of an individual is vested in the state. The concept of civil legal capacity is inextricably linked with citizenship, that is, citizens are bearers of civil rights and obligations. In addition to citizens, foreign individuals and stateless persons can act as carriers of civil legal capacity (Article 1196 of the Civil Code). Article 2 of the Civil Code establishes national treatment for foreigners, that is, they enjoy rights similar to Russian citizens, except in cases established by law. In addition, their legal capacity cannot go beyond the limits of Russian legislation.

The content of civil legal capacity is a set of civil rights and obligations of the subject of civil legal relations. The Civil Code enshrined only the basic rights and obligations in view of the fact that it is simply impossible to list them all. Civil rights can be expressed, for example, in the right of ownership, inheritance, entrepreneurial activity, etc. Legal capacity should be distinguished from the term "subject right" of a civil legal relationship, since legal capacity acts as a prerequisite for a person to exercise his "subjective" right. Legal capacity, according to Popov S.M., is a property of the subject of law. Legal capacity is realized through "subjective" rights, but legal capacity cannot be waived. Legal capacity is not only inseparable, it is associated with a person as long as he is biologically alive. Article 22 of the Civil Code establishes that it is impossible to limit legal capacity and legal capacity except in the manner prescribed by law, and transactions aimed at limiting legal capacity and legal capacity are recognized as void. The state restricts legal capacity only if the actions of a person can lead to a violation of other people's constitutional rights. Restriction occurs in the form of a sentence or a court ruling in a criminal case in the form of: a) deprivation of the right to hold certain positions or a ban on certain activities; b) a ban on free movement within the country; c) in relation to foreign persons, as a retaliatory measure (i.e. "retortion").

The legal capacity of legal entities differs depending on the type legal entity. Commercial organizations have civil legal capacity general that is, they may acquire rights and incur obligations for any purpose not prohibited by law. Non-profit organizations have special legal capacity, that is, they are able to acquire only those civil rights that are necessary for the implementation of statutory goals.

Ability to carry out civic duties. Civil capacity is the ability to have civil rights and to bear obligations.

Individual as a subject of civil law

Legal status

Legal capacity of individuals

Legal capacity of individuals

Responsibility of natural persons

Subjectivity of rights and obligations

Civil capacity

Citizens are divided into four groups according to the volume of legal capacity:

Full legal capacity

Partial capacity

Limited legal capacity

incapacity

see also

See what "Civil Legal Capacity" is in other dictionaries: