Civil legal capacity and civil capability of physical persons

Civil legal capacityIn accordance with the Civil code of Ukraine all of

physical persons have a civil legal capacity and capability. As physical persons own certain rights and duties and will realize them, they are provided with civil capacity which consists of civil legal capacity and civil capability.

Civil  legal  capacity  - it possibility to have civil laws and carry social duties is acknowledged after a physical person. The table of contents of legal capacity makes the aggregate of those civil laws and duties which can have physical persons. CC is in norms about a legal capacity (the item of item 24 - 29 CK).

Characteristic signs of legal capacity :

O reality (assuredness). Possibility to become the subject of all of rights and duties is guaranteed every physical person (an item is 24 Constitutions of Ukraine).

O equality. All of physical persons have equal possibilities to have statutory right and duties regardless of race, nationality, political and religious persuasions, floor, ethnic and social origin, habitat, linguistic and other signs;

O inalienability. A physical person can not pass to the legal capacity other person by payment or agreement.

Article 25. Civil legal capacity of physical person 1. Civil laws and duties (civil legal capacity) must have ability all of physical persons. 2. The civil legal capacity of physical person arises up in the moment of its birth. 3. The civil legal capacity of physical person is halted in the moment of its death.

A legal capacity for a physical person arises up from a birthday and halted with its death (or with announcement of it dying). It means that yet to birth of man society, state already defined the circle of rights for it, and the fact of birth testifies to acquisition the man of these rights.

Volume of civil legal capacity

— it is an aggregate of possibilities to acquire and realize civil laws and duties, that can have person in accordance with the legislation of Ukraine.

The volume of civil legal capacity of physical person is set an item 26 CC of Ukraine. All of physical persons are even in ability to have civil laws and duties.

For the legal capacity of physical persons there is characteristic legal equality in Ukraine. The table of

contents of legal capacity of citizens does not depend on a race, color of skin, floor, ethnic and

social origin, property state, habitat or other signs (an item is 24 Constitutions of Ukraine). Foreigners and persons without citizenship own an even with

the citizens of Ukraine legal capacity.

The  constitution  of  Ukraine  sets  right  and duties,  which  determine  the  volume  of  civil legal capacity:

right on dignity (item 28), right on freedom and bodily security (item 29) and inviolability of habitation (item of ZO), right on privacy of correspondence, telephone negotiations, telegraph and other correspondence (item 31), right on non-interference in the personal and domestic life, on refutation of unreliable information about itself, about the family (item 32) members, right on freedom of movement and free choice of habitat (item 33), possibility to own, to use and dispose of ownness.

Limitation of civil legal capacity can be forced and voluntarily. Yes, a person on a sentence can be 

forcedly limited in a legal capacity, if:

a) condemned to imprisonment (in this case it is limited in such rights, as electing of habitat family, employments, right on

original appearance and others like that);

bi) in the order of item 51 CC of Ukraine as additional measure of punishment a person is deprived possibility to hug certain

positions or carry on certain activity.

Civil Capacity

• Civil capacity of an individual is called its ability to take their actions for himself a civil rights and implement them on their own, also the ability to create their actions civic duties

for himself, to perfomens them independently and take responsibility in the event of their

non-fulfilment.

The extent of the capacity depends on:

Mental health of an individual

Age of an individu

al

Varieties of civil capacity

partial civil capacity (article 31 CC)

incomplete civil capacity (article 32 CC)

full civil capacity (article 34 CC)

limited civil capacity (article 36 CC)

incapacity of an individual (article 39 CC)

Partial civil capacity

Typical for individuals under age 14 who are entitled to:

• independently commit petty domestic transactions that satisfy their needs and

concerns of the subject that is low cost and meets the physical, mental or social

development of the infant; • minor does not bear civil liability for the

harm it caused. It’s responsible for his parents (adoptive parents) or guardians.

Incomplete civil capacity

Characterized for an individual, aged 14 to 18 years, determined the law of the commit, not all but only some

of the actions required by law :

• They have the right commit petty domestic transactions, dispose of their wages or scholarships, exercise their

inventive copyright or rights to their works, inventions, entitled to make deposits to banks and other financial

institutions, and dispose of them, etc..• Underage person responsible for the damage caused to

him if he has property or income. When he does not, the harm caused by him should be recoverable by his

parents (adoptive parents) or guardian

Full civil capacity

• It is the ability of an individual whose actions acquire and exercise any property and moral rights, to assume and perform any duties.

Under current legislation, if the marriage registration of an individual who has not attained the age of majority, his full capacity comes from

the registration of marriage.

Full civil capacity can be given to a child, recorded by the mother or father of the

child.

Also, an individual who has attained 16 years and working under an employment

contract or wishing to do business.

Full civil capacity becomes an individual of the age of majority, ie 18 years:

Limited civil capacity

• Determined by the court to individuals who suffer from a mental health disorder that significantly affects щт their ability to comprehend the significance of his actions or control them.

• The court may limit the civil capacity of an individual if he is abusing alcohol, drugs, toxic substances and thus puts himself or his family, and other persons, whom he is legally obliged to maintain, in a difficult financial situation.

Non-ability

• An individual may be declared incompetent by a court if it is due to chronic, stable mental health disorders or dementia is unable to realize the significance of his

actions or control them. • The physical person is incapable since entry into force of

the court decision about it. Over an individual who is recognized as incapacitated, guardianship is established, conducted in the loss of her opportunities to perform any

transaction.

Worked on the project Demydenko Ivan and Demydenko Volodymyr