The legal personality of individuals is a topic for discussion of more than one generation of professional lawyers. Its relevance lies in the fact that any relationship is characterized by the presence of an entity that has certain rights and obligations. Its absence denies the possibility of any relationship. Legal personality does not currently have a clear definition enshrined in the legislation of the Russian Federation. It is customary to consider it in the context of legal capacity and legal capacity.
The difference between the concepts of "man", "personality" and "citizen"
The correlation of these terms plays an important role in determining the meaning of legal personality. Man is a generic concept that reveals biological characteristics and belonging to a species. Man is endowed with a consciousness that distinguishes him from other types of the animal world. This term is actively used in various declarations. Man acts as a creature that combines biological and social principles.
Personality is distinguished by its unique qualities. There is already a consideration of knowledge, skills, character, etc. Personality is associated with a certain degree of mental development. Only a healthy person can possess the necessary personality traits. This term is considered narrower than the previous one. Lawyers say: they are not born a personality, they become it.
Citizen - a person who has received the status of belonging to the state. At the same time, he is vested with certain rights and obligations that must be fulfilled. The state protects its citizens, and they are the subjects of legal relations.
The concept of an individual. The legal personality of individuals
Of course, when attributed to the state, a person acquires rights and obligations. In legal literature, it was not in vain that the concept of “citizen” was introduced, which implies a connection with the institution of the state. Civil subjective law is a rather complex concept, which includes many possibilities. They are called competencies in jurisprudence. Two of them can be distinguished - requirements and protection. The legal personality of individuals is characterized by ownership. The person who owns the property may demand its inviolability, and in case of violation, call for the application of civil law measures. In addition, he can dispose of his property as he sees fit.
The civil legal personality of individuals involves not only participation in legal relations, but also the fulfillment of obligations arising from them. Experienced lawyers consider this fact a measure of the proper conduct of the subject of law.
Signs of the subject of legal relations
In civil law, the properties that a subject must possess are clearly distinguished. In order to identify it, it is necessary to check its compatibility with these signs:
- Name. It is given to every person at birth. Most often represented by the common acronym FULL NAME (last name, first name, patronymic), unless otherwise provided by law. A change of name is not a reason for the termination of civil rights and obligations.
- Location. This is the place where a citizen is located and lives on a permanent basis. Usually this is a private house, apartment or cottage. A place of residence helps identify citizens with the exact same name.
- Age. Characterization of the legal personality of an individual is impossible without determining his age.The legislation of the Russian Federation establishes how many years a citizen must be in order to gain full or partial legal capacity. Documents that confirm age are a passport, military ID, birth certificate, and a driver’s license.
- Family status. Persons who are married are endowed with kinship. They are of great importance in the distribution of inheritance. So, the successors of the first stage are equally children, spouse, and also parents of the deceased.
These are the main signs that will help to identify the subject of legal relations. But the properties presented do not constitute a complete list, there may be others.
The concept and essence of legal capacity
As mentioned above, the legal personality of citizens and individuals consists of two main parts: legal capacity and legal capacity. The first is the ability of a person to have rights and obligations. Its essence lies in the fact that it is a prerequisite for vesting specific rights. Legal capacity is assigned to a person from birth.
If this concept is compared with subjective law, it can be noted that the former is wider. Subjective rights are included in the term legal capacity. Everyone has rights, but not everyone is able to exercise them. For example, everyone can do business, but only a few do it. It turns out that subjective rights are formed on the basis of legal capacity with the help of certain actions and events.
The main differences:
- legal capacity is a prerequisite for the emergence of the rights of the subject;
- legal capacity - a theoretical opportunity to have rights and obligations, in contrast to the subjective component;
- legal capacity is a sign of a citizen, and the subject's right is expressed in certain respects.
Legal capacity as one of the components of legal personality
Civil legal capacity is considered equal for all categories. All people have rights and obligations, regardless of skin color, gender, age, mental health, nationality and any other circumstances.
As for foreign citizens, they also have legal capacity, as well as residents of Russia:
- have identical rights;
- however, they cannot take advantage of the opportunities offered to them by their native state.
Therefore, the legislation provides for certain situations that limit the legal capacity of foreign citizens. For example, they do not have the right to be in the crews of ships and aircraft. It may also arise that in the territory of foreign states they will infringe on the rights of Russians. A response will follow immediately.
Restriction and Attributes
There are times when a citizen independently refuses this ability. This action does not entail any legal consequences, except for those transactions that are regulated by law. State regulations also determine situations where the legal capacity of an individual may be limited. For example, a person may be deprived of the right to engage in a certain type of activity due to the crime committed.
Usually, an individual is vested with legal capacity at birth, but there are cases when rights are assigned even before birth. So, for example, the heir can be a person conceived before the death of the owner, and born after this event. Legal capacity is lost at the death of a citizen.
Summarizing the above, we can distinguish the main signs of a person’s ability to have rights and obligations:
- the opportunity to be the owner of the property;
- engage in activities that are not prohibited by law;
- form legal entities;
- choose a place of residence;
- conclude various kinds of transactions;
- have property and non-property rights.
Legal capacity
The civil legal personality of individuals is impossible without legal capacity. It represents the ability of a citizen through his actions and actions to acquire rights for himself and to exercise them, as well as create responsibilities.
Previously, the application of rights was not reflected in the legislation. This mistake was corrected in 1994, when a new provision of the Civil Code was issued. Legal capacity is protected by the state, it is expressed in determining the behavior of the citizen himself. You must not commit actions that are intentionally aimed at causing harm to a person or society.
Legal capacity must be considered in two aspects:
- as a means of exercising legal capacity;
- as a way to protect your rights.
In contrast to the same legal capacity, legal capacity is closely related to mental health and human condition, as well as his age. Indeed, for its implementation it is necessary to think sensibly and reason, to understand the consequences of their actions. The legal personality of individuals is reflected in the ability to soberly look at things, understanding the requirements of the law.
Full legal capacity
There are several types of legal capacity: full, relative, partial, limited and incapacity. We will consider each of them in more detail.
Full legal capacity begins at age 18 in the absence of mental abnormalities. It is characterized by the ability to perform any action not prohibited by law. There are situations when a person has acquired legal capacity before coming of age, for example:
- entered into a legal marriage;
- emancipation, that is, a person is declared legally competent in the event of work under an employment contract, or as an independent entrepreneurial activity;
- partial legal capacity of minors.
The legal personality of individuals can occur at the age of 16 when concluding a contract.
Relative capacity
This type of exercise of their rights and obligations is possessed by persons aged 14 to 18 years. They are characterized by the following transactions:
- with written confirmation of the consent of the parents or legal representatives;
- without prior consent, but subsequent confirmation is required.
Without these conditions, this category of citizens has the right to do the following:
- dispose of a scholarship or other income;
- formalize copyright;
- make contributions to credit organizations.
Minors between the ages of 14 and 18 are responsible for their own actions. At the insistence of the parents, the court may deprive adolescents of their rights legally.
Limited legal capacity
The Civil Code contains a rule according to which restriction of human rights is possible only to the extent necessary to protect the constitutional foundations, health and interests of others. In this regard, there are two reasons for termination of legal capacity:
- The abuse of alcohol and drugs.
- The difficult financial situation associated with the first paragraph.
Restriction of legal capacity is a rather serious situation in which a person is deprived of certain rights. For example, he will not be able to make small household transactions, the same purchase of alcohol. This is the legal personality of individuals. The activities of a lawyer in recognizing limitations of legal capacity are aimed at appealing against this situation, and the desire to come to the opposite result.
Incapacity
The main distinguishing feature of legal capacity is that a person consciously performs actions to acquire rights and obligations. The legal personality of individuals implies a normal human condition, the absence of any mental disorders.
This is the main reason why a person can be recognized as legally incompetent.If he is incapable of reasoning and understanding the consequences of his actions in view of a mental disorder, the court has the right to render a verdict. Before that, of course, it is necessary to conduct an examination, on the basis of which a decision on the citizen's incapacity is to be made.
Legal personality of individuals and legal entities
Since the bulk of the story is dedicated to people, it should be noted that organizations can also be subjects of legal relations. The legal personality of legal entities is the ability to acquire and exercise rights, as well as create and fulfill duties. It arises from the moment of official registration and is applied through the appropriate authorities.
The legal personality of individuals and legal entities is practically no different from each other. In both cases, it means a synthesis of legal capacity and legal capacity.
Conclusion
Legal relationships exist at all levels. The international legal personality of individuals is characterized by the ability to possess rights and fulfill the responsibilities of the international industry. That is, any person can participate in international legal relations, as well as bear a certain responsibility.
In modern realities, many questions arise related to the legislative basis of civil law. There are many situations that cannot be interpreted due to the lack of a clear definition. The state gives a person rights that he must fully realize, and not violate them.