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The capacity of the citizen

Under the legal capacity to be understood abilityperson by their actions acquire and exercise civil rights, to create for themselves the duties - to perform them and to bear full responsibility for this. Possibility to carry out actions that would eventually lead to the emergence or termination of rights and obligations depends on the age of the citizen and his state of health.

Therefore efficiency of individuals may be unequal.



Depending on various factorscapacity is divided into full legal capacity, capacity of minors aged between 14 and 18 years of age and legal capacity of minors between the ages of 6 and 14 years. Also, on certain grounds the law a citizen can be declared incapable or partially capable. The total capacity of a citizen is permitted by law the exercise of any property and personal non-property rights, that is, the ability to implement capacity belonging to him in full.


According to the Civil Code legal capacityIt comes fully on achieving a citizen 18 years of age. However, in some situations, full capacity can also occur before the onset of adulthood. The law allows marriage before the age of 18, when a citizen gets the full legal capacity from the moment of marriage. Another reason for the recognition of human emancipation is fully operational, that is classified a minor who has attained 16 years of age are fully capable to address the guardianship authority with the consent of the parents or by a court decision.


Adolescents aged 14 to 18 years of legalthe grounds are entitled to make transactions, but only with the written consent of parents, adoptive parents or guardians. Otherwise, according to the Civil Code of the transaction may be invalidated. Of course, the law specifies the possibility of making a teenager a number of separate transactions. These include petty domestic transactions, transactions for the disposition of their earnings or scholarships, contributing to the credit institutions and the full disposal of them.


Partial legal capacity referred to citizens who are notthe age of majority, that their actions may acquire, but not all, but only a certain range of civil rights. For young people under 14 years of age, can make transactions on their behalf only to parents or guardians. But the minor children aged 6 to 14 years of age have the right to make small everyday transactions transaction- based on gratuitous receiving benefits (gift) - as well as transactions on disposition of assets authorized legal representatives.


Limitation of citizens' capacity allowedOnly a court decision and in cases expressly provided by law. The reason for such measures may be abusing alcohol or drugs. If the court still ruled on the limitation of legal capacity, it is required to set him over the guardianship. Since that time, he can make transactions, dispose of the property and to receive a pension only with the consent of the trustee, or the transaction may be invalidated. Citizens recognized incapable by a court decision and only in that case, if a person due to mental disorder simply can not understand the significance of his actions and control them.

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