For the emergence of rights in respect of any person, a necessary condition is his ability to be vested with certain rights and bear certain responsibilities. It is important to note that it is human rights and obligations that are the basis of the constitutional system of the Russian Federation, and also make absolutely every citizen of the state who has the right to demand the realization and protection of their own rights in accordance with Art. 2 of the Constitution of the Russian Federation of 1993. It would be advisable to consider in more detail the legal capacity and legal capacity of individuals.
Legal and legal categories
For an absolute understanding of the material presented in the article, it would be appropriate to initially consider two fundamental concepts. Legal capacity and legal capacity of individuals are categories that are fundamentally different. It is important to know that the first appears from the moment of birth, and ceases nothing more than death. Under the legal capacity it is necessary to understand the ability of a person provided for by applicable legal norms to fulfill legal duties of a subjective orientation and have subjective rights of a legal nature.
Legal capacity should be considered as the individual’s ability, provided for by applicable law, to independently exercise, through his own conscious actions, subjective rights of a legal nature, fulfill certain duties, and bear responsibility established at the legislative level. It should be added that the onset of full legal capacity is relevant from the age of eighteen.
Legal Notion
It should be noted that the general concept of legal capacity of an individual is presented in the current law. So, under the named category, in accordance with paragraph 1 of Art. 17 of the Russian Civil Code, one should understand the ability to be vested with civil rights and bear certain responsibilities. In other words, the term implies the ability to act as the subject of these duties and rights, the ability to bear any obligation and have any right provided for and mandatory permitted by applicable law.
The value of the presented category lies in the fact that only in the case of the legal capacity of individuals is there the possibility of specific obligations and rights of a subjective nature. It is a necessary general prerequisite for their appearance and thereby the exercise of these rights and obligations. It is important to know that the category in question is recognized by absolutely all citizens of the Russian Federation. As noted, it arises from birth, and ends with death.
A hasty conclusion can be made that civil legal capacity is inseparable from a person, and each citizen is capable of legal capacity throughout his life, regardless of his state of health and age. However, this is not the case! It would be advisable to consider the presented aspect of the issue in more detail.
Let's figure it out!
From the information presented in the previous chapter, it is impossible to form a conclusion that the legal capacity of an individual in civil law is a natural characteristic of a person, like hearing, sight and so on. Despite the offensive at the time of birth, it is acquired not by nature, but by virtue of the law in force in the country.In other words, legal capacity is a socio-legal property, a certain legal opportunity.
Historical data indicate that once large groups of people, due to laws that were relevant at that time, were completely or almost completely deprived of legal capacity. A vivid example here is the slaves who carry out the corresponding activity in the conditions of the slave system.
Interesting to know
It is interesting to note that in legal literature, legal capacity is often considered as a specific characteristic (property) inherent in a citizen. In accordance with the law, this feature lies in the ability to have duties and rights. It is important to add that the ability here is tantamount to legal capacity. In other words, a person is capable (can be vested with rights and bear responsibilities), since this opportunity is not only provided for, but also provided by law; it serves as a certain subjective right of any particular person.
As S. N. Bratus wrote, under the legal capacity of a citizen it is necessary to understand the right to act as the subject of duties and rights. It should be added that the law, one way or another, is accompanied by certain duties. So, everyone entering into any relationship with a particular citizen should not violate his legal capacity. Like all rights of a subjective nature, the category in question enjoys legal protection.
Legal Understanding
Understanding the legal capacity of individuals as a certain subjective right has received a very convincing justification in the domestic literature on legal topics. It should be noted that the norms regarding legal capacity in the law are set before the norms that are associated with all other subjective rights (in accordance with Article 17 of the Civil Code of the Russian Federation).
By this, the legislator emphasizes its special purpose - to exist inextricably linked with all subjective rights. The fact is that without the legal capacity of citizens, none of the existing subjective civil rights are possible.
Legal Features
As it turned out, legal capacity is a subjective right. Therefore, it would be advisable to disclose its characteristics and distinguish it from other subjective rights. So, the legal capacity of individuals differs from other subjective rights in the first place by its independent, specific content, which, as noted above, consists in the legal ability (ability) to be endowed with civil rights and obligations stipulated by law.
In addition, a striking difference in the legal capacity of citizens is its purpose. This category is recognized to provide absolutely every person with a legal opportunity to acquire specific civil rights and obligations, applying which, he can fully satisfy his own needs, and also fulfill interests.
The third distinguishing feature is the close connection of the category with the identity of its bearer, since the current law does not under any circumstances allow transferring it to another person or alienation. In accordance with paragraph 3 of Art. 22 of the Civil Code of the Russian Federation, transactions that are aimed at restricting legal capacity are null and void.
Legal Content
As it turned out, citizens are subjects of civil law. The legal capacity of an individual in its own content includes those duties and rights of a property and personal non-property nature that a citizen may possess in accordance with the law. In other words, the content of the category in question is not the rights themselves, and not just the opportunity to have them.
List of rights
The characterization of the legal capacity of individuals involves an approximate list of property and personal non-property rights, which is presented in Art. 18 of the Civil Code of the Russian Federation. Among them, the following points should be noted:
- The possession of property by a citizen by right of ownership.
- Inheritance and testament of property.
- Promotion of business and any other activity not prohibited by applicable law.
- Formation of legal entities in an independent manner or together with other legal entities and citizens.
- Making any transactions that are not against the law, as well as participating in obligations.
- The choice of place of residence.
- The presence of the rights of the author of art and literature, works of science, inventions and other results of an intellectual kind of activity protected by law.
Why are only rights mentioned?
When considering the occurrence of legal capacity of individuals, the current legislation only speaks about rights, but obligations are not explicitly mentioned. Meanwhile, in paragraph 1 of Article 17 of the Civil Code of the Russian Federation, the ability of individuals to “bear responsibilities” is also determined. Here, the legislator gives exclusive attention to rights, because they are the main element in the content of legal capacity. However, an indirect indication of the second category is also present.
The law interprets the obligation as a legal relationship, by virtue of which the debtor undertakes to perform a specific action in favor of the creditor or to refrain from it, and the creditor is vested with the right to demand that the debtor fulfill this obligation. As it turned out, the right to participate in obligations is interpreted as the acquisition of duties. It is important to know that the right to own this or that property is connected with the bearing of such.
Limits of legal capacity
In Art. 18 of the current Civil Code of the Russian Federation the most important (according to the legislator) civil rights are presented. A similar approach is dictated by the desire on the part of the legislator to make this norm as clear and accessible as possible. Meanwhile, it would be quite sufficient to write that an individual can be vested with any civil duties and rights that are not prohibited by law and not contrary to the meaning of the law.
However, the illiteracy is the assertion that, in accordance with its content, the legal capacity of individuals is unlimited. As with any subjective law, it has certain limits. These boundaries are fully reflected in the provision that a person can promote any “activity not prohibited by law,” and that the possession of specific rights may be expressly prohibited.
Occurrence and termination
In the final chapter, it would be appropriate to consider the categories of occurrence and termination of legal capacity. In general, in accordance with the law, it arises at the birth of a citizen, and ceases with death. However, a person is not able from birth to possess absolutely all civic obligations and rights. Thus, the following conclusions suggest itself:
- The fact of birth is not equivalent to the emergence of a person's legal capacity in absolute terms.
- From a legal point of view, it does not matter if the child is viable. So, the very fact of his birth means the emergence of legal capacity (even when he lived only a few seconds).
Termination of legal capacity of an individual is tantamount to his death. Regardless of the state of health, a living person, one way or another, remains legally capable. However, the fact of death indicates an unconditional termination of legal capacity, that is, the cessation of the existence of a person as a subject of law. It is important to know that this fact simultaneously implies in accordance with Art. 528 of the Civil Code of the RSFSR of 1964 and the opening of an inheritance.