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How to determine the capacity of a citizen


Under the legal capacity should be understood the abilityBy their actions, to acquire and exercise civil rights, creating for themselves the duty to fulfill them and to bear full responsibility for it. The possibility of committing actions that eventually lead to the emergence or termination of certain rights and duties depends on the age of the citizen and on the state of his health.

Therefore, the capacity of individual citizens may not be the same.



Depending on various factorsThe capacity to act is divided into full legal capacity, the legal capacity of minors aged between 14 and 18, and the legal capacity of minors aged 6 to 14 years. Also, under certain legal grounds, a citizen can be recognized as incompetent or severely legally incompetent. The full capacity of a citizen consists in the implementation of any property and personal non-property rights that are permitted by law, that is, in the ability to realize his legal capacity in full.


According to the Civil Code, the legal capacityComes in full when the citizen reaches 18 years of age. However, in some situations, full legal capacity can arise even before the coming of age. The law allows marriage before reaching the age of 18, when a citizen acquires full legal capacity from the time of marriage. Another basis for recognizing a person is fully emancipatory, that is, the declaration of a minor who has reached the age of 16 fully capable by decision of the guardianship authority, with the consent of the parents or by a court decision.


Adolescents aged 14 to 18 years in legalGrounds have the right to make transactions, but only with the written consent of parents, adoptive parents or trustees. Otherwise, according to the Civil Code, such a transaction can be declared invalid. Of course, the law determines the possibility of a teenager making a number of independent transactions. These include small household transactions, transactions to dispose of their earnings or scholarships, making deposits in credit institutions and the full disposal of them.


Partially capable citizens are called, notWho come of age, who by their actions can acquire, but not all, but only a certain range of civil rights. For minors who are under 14 years of age, only parents or guardians can perform transactions on their behalf. But minor children aged 6 to 14 years 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 authorized by legal representatives.


Limitation of citizens' legal capacity is allowedOnly by a court decision and in cases directly provided by law. The reason for implementing such measures may be the abuse of alcohol or drugs. If the court still made a decision to limit the citizen's legal capacity, then guardianship must be established over him. Since that time, he can make transactions, dispose of property and receive a pension only with the consent of the trustee, otherwise this transaction can be declared invalid. Only citizens are recognized as incompetent by a court decision and only if a person due to a mental disorder simply can not understand the values โ€‹โ€‹of his actions and guide them.

How to determine the capacity of a citizen Was last modified: June 21st, 2017 By Joytoibr
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