In full, civil capacity appears in 18 years. Article of the law, features and requirements

The whole world is conditionally divided into adults and children. It's no secret that the older generation has more rights, duties and responsibilities in all countries. In Russia there is such a thing as capacity. It occurs at a certain age and, ideally, never disappears. Everyone should know about this component of life. But what exactly? In full, civil capacity arises under what circumstances? What rights and duties does a citizen have? Every law-abiding person must understand this. In fact, everything is easier than it seems.

Competence is ...

The first thing to do is to be aware of what is at stake. What is called legal capacity?

In Russia, this term refers to the onset of age, in which the child begins to be fully responsible for his actions. He bears full civil responsibility. Parents are no longer responsible for the actions of children, they do not have the right to prohibit or indicate what to do.

According to the Civil Code of the Russian Federation (Article 21), the citizen 's ability to act is an opportunity to provide for his life by his actions. For example, be responsible for the violations and transactions. It is assumed that a person is fully aware of the consequences of certain actions.

Several stages of growing up

In Russia, the feature has several degrees. More precisely, a person goes through different stages of becoming active. "Skip" them will not work. Only in some situations it is allowed to speed up the process.

At what age does civil capacity arise? To answer this question, it is necessary to familiarize yourself with the stages of "growing up" of a citizen.

It is proposed to break the stages of the formation of a full-fledged citizen as follows:

1. Absolute incapacity. It lasts up to 6 years of the child. Children at this age can not themselves answer for their actions. It is due to the peculiarities of the psyche. Legitimate representatives are completely responsible for the ward.
2. Up to the age of 14, minors are generally recognized as incompetent. But at the same time, it is allowed to make certain transactions in Russia independently or with the permission of parents / guardians. For example, to carry out small domestic activities, which are aimed at meeting the needs. Say, go to the store for food. It can be assumed that the infantile legal capacity has come. Such wording is in the Civil Code of the Russian Federation.
3. After the receipt of the passport, the child becomes partially capable. He is already responsible for some of his actions, can be held accountable. But the bulk of transactions are still made only with the permission of (written) legal representatives. At the same time, after a specified age, a citizen has the right to spend his own money independently (for example, received from work in the summer).
4. And at what point does full civil capacity come? When is this possible? It's not a secret for anyone that in Russia, after majority, a citizen is considered to be a formed personality, capable of being responsible for himself and his behavior.

There is nothing difficult to understand. Nevertheless, this is not all the nuances about which a citizen should know. There are some other points not taken into account earlier.

Early maturation

Life is something unpredictable. And therefore, under certain circumstances, the civil capacity of a citizen arises in full before the deadline. In practice, exceptions to the rules are not very common. In addition, there are not so many of them.

When can a citizen be fully responsible for actions and bear responsibility before the state ahead of schedule? Only two layouts are allocated. This is about:

1. Getting married. There are a number of cases in which you can play a wedding according to law before 18 years. For example, during pregnancy of the bride. Then, at the time of marriage, the child becomes legally competent. After the divorce, the possibility of taking responsibility for the committed acts is not lost.
2. Self-sustainability. This process is called emancipation. It is possible from 16 years. In this case, the child must be registered as an IP or have an official job placement. It's about working under a contract. If the parents agree to the process, emancipation is given by the guardianship authority. Otherwise - in court.

It follows that even before the age of majority, you can achieve full legal capacity. But, as has already been said, in Russia this practice is not welcomed. The most common situations are related to marriage. But emancipation for modern adolescents is not known.

Restrictions

From now on, it is clear how much civil capacity emerges in full. In practice, it is from the age of majority that a person can be responsible for his actions and make all decisions on his own. Only parents rarely accept this fact. And even after that age, they still try to restrict their children's rights.

It is not right. Yes, according to the law, incapacitations take place. But under certain circumstances. Which ones?

It is important that a person can not be responsible for the actions that he is doing. For example, he was mentally ill. Then all restrictions are imposed on the court. In principle, capacity is an inalienable concept. Take it completely does not work. And restricting is allowed only in a judicial order.

Cases of disability

In practice, only two variants of the development of events are known, under which civil capacity may be limited. The civil law of the Russian Federation indicates that it is possible to apply to the court if:

1. It's about a teenager of 14-18 years. You can limit it in the rights of disposal of personal money. If a citizen is emancipated, it will not be possible to translate the idea into reality. In the same way as in the case of marriage. The reason is the unreasonable distribution of profits, the presence of bad habits.
2. An adult citizen by his actions puts the family in a difficult financial situation. It implies only the presence of addictions and abuse of alcohol / drugs. A person can be deprived of the right to receive and dispose of earnings. At the same time, responsibility for actions or inaction will still be there.

The legal capacity can not only be limited, but also returned in full. This is done in court in accordance with the established requirements.

Requirements and conditions

Civic legal capacity arises in full from 18 years. But at the same time a person must meet certain requirements. Which one?

Among them are:

• Attainment of legal age;
• Psychological health;
• Physical health (no disability).

No more conditions. If the citizen is not sick, he adequately perceives the information, he is strengthened by the legal capacity.

Effects

What does this lead to? As already mentioned, a citizen gets the opportunity to answer for all his actions to the guards of the law personally. Absolute financial and property independence appears.

Consequences of the limitation of legal capacity is the transfer of responsibility for certain operations to a specially appointed person. As a rule, he is chosen among relatives. A citizen is either fully responsible for limited or partially dispositive. For certain operations it is necessary to obtain the consent of the person responsible.

Results and conclusions

The citizen's ability to act - the concept, occurrence, consequences and conditions for the deprivation of this feature - is no longer a mystery. In fact, everything is easier than it seems.

It is enough to remember that partial capacity comes after receiving a passport by a teenager, from the age of 14. A complete - with 18. In exceptional cases, you can become independent at the age of 14-16. In full, civic legal capacity arises from adulthood!