What is legal capacity and capacity

Civil capacity and capacity are one and the same or not? The difference between these terms is huge, but many people who do not have legal training or education do not understand it. What is the essence? In order to understand this, it is necessary to study both of these concepts.

Legal capacity and capacity of individuals

It starts with the fact that both of these concepts together form a legal personality. What is it? This is something that is inherent in the subject of law. It gives people great opportunities. Before describing it, we will consider what we started with.

Let's talk about legal capacity. Its important feature is that people empower it from birth and continue until death. In general, this term is understood as an abstract and potential possibility for individuals not only to bear responsibilities, but also to have multiple rights.

In any legal state it is recognized by all citizens without exception, in equal measure. It should not be that someone has legal capacity, and someone does not.

This phenomenon is inherent in inalienability, as well as abstractness. Note that under certain circumstances, it may occur even before the birth of a citizen. This can happen, for example, if the deceased left an inheritance to a child who was conceived during his lifetime, but was born after his death. Here, the right to property appears in someone who has not even had time to be born.

What is the scope of civil legal personality? The Civil Code states that citizens can have property on the property right, bequeath, and also inherit it, at their own discretion, make deals, engage in absolutely any activity that is not prohibited by law, have the right of authorship and so on. The scope of civil legal capacity is quite wide. Legal capacity implies that citizens can use their own or fictitious name, but other people's names are prohibited. Legal entities also have legal capacity. It, of course, is specific, but the whole essence remains the same.

Let's talk about what capacity is. This is an ability not to have, and own actions it is to acquire new rights and responsibilities. In general, there are four states of competence.

The first variety is called complete. It is inherent to adults, as well as to minors emancipated persons who were not deprived or restricted in it in the manner prescribed by law.

Partial capacity implies some limitations. It is inherent in people from 6 to 18 years. Note that from the age of 14 to 18 years - this is a sign of only emancipated persons.

The third type is limited ability to act. It is fully regulated by the provisions of the law.

There is also a zero capacity. She has a person under 6 years of age, as well as mentally ill.

As already mentioned, legal capacity and capacity in its totality form a legal personality - the ability to have and acquire duties, as well as rights. Full-fledged citizens must own it. It appears when the legal capacity and capacity are merged into a single whole.