Civil law. A common part. Legal capacity and capacity of a citizen. Restriction of legal capacity and recognition of a citizen as incompetent. Guardianship and trusteeship (the most important)

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Civil law. A common part. Legal capacity and capacity of a citizen. Restriction of legal capacity and recognition of a citizen as incompetent. Guardianship and trusteeship (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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4. LEGAL CAPACITY AND CAPABILITY OF A CITIZEN. LIMITATION OF CAPABILITY AND RECOGNIZATION OF A CITIZEN INcapacitated. CUSTODIA AND CUSTODIA

Legal capacity - the ability to have civil rights and bear obligations. Civil capacity is recognized equally for all citizens, regardless of gender, race, nationality and religion. The legal capacity of a citizen arises at the moment of his birth and ends with death (declaration of a person by the court as dead).

No one may be limited in legal capacity, except in cases and in the manner prescribed by law. Full or partial waiver of a citizen's legal capacity and capacity and other transactions aimed at limiting legal capacity or capacity are void, except when such transactions are permitted by law.

Legal capacity - the ability of a citizen by his actions to acquire and exercise civil rights, create civic obligations for himself and fulfill them.

Full legal capacity is recognized for citizens who have reached the age of 18, except for the case when a citizen who has entered into marriage before reaching the age of 18 is declared fully capable; as well as in the case of emancipation, i.e., the declaration of a minor who has reached the age of 16, fully capable, if he works under an employment contract or, with the consent of his parents, is engaged in entrepreneurship.

Partial legal capacity have minors (from 14 to 18 years old) and minors (from 6 to 14 years old).

A citizen who, due to the abuse of alcohol or drugs, puts the family in a difficult financial situation, may be limited by court in capacity.

A citizen who, due to a mental disorder, cannot understand the meaning of his actions and be guided by them, is recognized by the court incompetent.

guardianship and guardianship established to protect the rights and interests of incapacitated or incompletely capable citizens. Guardianship and guardianship of minors is established when the court deprives parents of parental rights, in the absence of such, or when minors are left without parental care for other reasons (parents evade their upbringing or protection of their rights and interests).

Guardianship is established over minors (from 6 to 14 years old) and citizens recognized as incapacitated, guardianship - over minors (from 14 to 18 years old) and citizens with limited legal capacity. Only adult capable citizens can be appointed guardians and trustees. Guardianship is terminated if the ward is recognized as capable, as well as when the minor reaches 14 years of age. Guardianship is terminated in the following cases: the restriction of the legal capacity of the ward is canceled, when the minor reaches 18 years of age, when he enters into marriage or emancipation.

According to Art. 41 of the Civil Code of the Russian Federation, at the request of an adult capable citizen who, for health reasons, cannot independently exercise and protect his rights and fulfill his duties, guardianship in the form of patronage may be established over him.

A guardian (assistant) of an adult capable citizen may be appointed by the body of guardianship and guardianship only with the consent of such a citizen.

Author: Stepanova O.N.

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