Competency - the ability of a person to acquire and exercise rights and obligations through his actions. Full legal capacity comes upon reaching adulthood . In the Russian Federation , according to Art. 60 of the Constitution , it begins at age 18. Citizens from 14 to 18 years of age are partially competent. The capacity of citizens is the ability of a citizen to acquire and exercise civil rights through his actions, create civil duties for himself and fulfill them, arising upon coming of age, that is, after reaching the age of eighteen (Civil Code, Article 21). It should be borne in mind that, with the exception of some cases and in the manner prescribed by law, no one may be limited in legal capacity or legal capacity. If the limitation of legal capacity and (or) legal capacity has occurred after the publication of the relevant act of the state body or other bodies, this entails the invalidity of this act.
Legitimacy involves awareness of the person's actions. The concept of legal capacity consists of several elements: the person’s ability to personally exercise their rights, assume responsibilities and acquire new rights.
Content
Legal capacity
Allocate as a type of legal capacity, civil legal capacity, which involves civil rights and obligations and is mostly regulated by the Civil Code of the Russian Federation. Classify civil capacity according to the Civil Code as follows. Up to 6 years, the child is considered completely incompetent due to the absolutely immature psyche, which does not cancel his legal capacity, since legal capacity arises from the moment of birth. From 6 years to 14 persons are considered by the Civil Code to be minors, but at the same time the Civil Code secures for them the legal capacity of minors, which means:
1) small household transactions, that is, transactions aimed at meeting everyday needs, are usually executed when they are made and are insignificant in amount
2) transactions aimed at obtaining gratuitous benefits that do not require registration or notarization
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 free order
It should also be noted that minors do not have civil tort , that is, they cannot be held responsible for their actions. As a representative, a guardian is appointed for persons under 14 years of age.
Persons between the ages of 14 and 18 are considered to have partial legal capacity, since they can make transactions only with the written consent of their parents or legal representatives. However, a partially capable person can exercise a number of rights independently:
- freely manage your earnings, scholarship
- exercise the rights of the author of works of art, science, literature, etc.
- make deposits in credit organizations
- from 16 years a person can be a member of a cooperative
- independently bear responsibility for their actions
In full capacity arises from 18 years. According to Art. 21, paragraph 2 of the Civil Code, a person who has reached the age of majority is fully responsible for his actions, while the Civil Code fixes two cases of the onset of legal capacity before the age of 18: 1) emancipation of a person from 16 years of age engaged in labor activity or entrepreneurial activity and 2) entry of a minor to marriage. Emancipation takes place by giving consent of a minor, both parents or representatives of a person with the adoption of further decisions of the guardianship and guardianship authorities or the court.
If a citizen due to a mental disorder cannot understand the meaning of his actions or direct them, he may be declared incompetent by the court. The case on recognition of a citizen as legally incompetent may be initiated upon the application of family members, the prosecutor, guardianship authorities, a psychiatric medical institution and other persons referred to in Art. 281 Code of Civil Procedure. A forensic examination is appointed to determine the mental state of a person.
Legal capacity cannot be limited except in cases provided for by law. The court may restrict the rights of partially competent persons. In cases where marriage to a minor is declared invalid, the court may limit the legal capacity of the minor former spouse. Or a person may be limited in legal capacity if his actions put his family in a difficult financial situation.
The legal capacity of an alien is determined by the personal law of the individual.
Legal conditions
Civil capacity comes in full:
- upon reaching a citizen of eighteen years of age
- from the time of marriage to the age of 18, in cases where this is permitted by law;
- from the moment of emancipation
One of the conditions for the availability of legal capacity is the presence of will .
Sanity and capacity
Legal capacity mainly refers to civil law, sanity to criminal law.
Recognition may be made insane of a person recognized, however, legally competent. For example, when committing a crime in a state of acute mental disorder, which then weakened [1] .
Physical Disabilities and Legal
Legal capacity may be limited due to certain physical disabilities. So article 32 of the Civil Code of Italy considers the presence of deaf-mute as a basis for limiting legal capacity. [2]
Bankruptcy and legal capacity
The legal capacity of an organization or citizen is limited during various bankruptcy proceedings. [3]
See also
- Tortoise
- Legal personality
- Legal capacity
- Incapacitated persons
Notes
- ↑ To the question of the ratio of sanity and legal capacity
- ↑ Ed. Kurbanova R.A. Civil and commercial law of foreign countries. The textbook . - Publishing house "Prospect", December 4, 2015. - P. 62. - ISBN 978-5-392-20221-8 .
- ↑ Popondopulo V.F. Bankruptcy. Legal regulation. 2nd edition. Scientific and practical manual . - Publishing house "Prospect", December 1, 2015. - P. 73. - ISBN 978-5-392-20207-2 .