7. THE CONCEPT OF SUBJECTS OF CIVIL LEGAL RELATIONSHIPS. CITIZENS AS SUBJECTS OF CIVIL LEGAL RELATIONS

Subjects of civil legal relations - participants of civil legal relations.

Types of subjects of civil legal relations: individuals (citizens of the Russian Federation, foreign citizens, stateless persons); legal entities; state. In each legal relationship, its participants are divided into authorized persons (having the right to demand) and obligated persons.

Individuals how the subjects of civil legal relations are characterized by a number of features: they must be individual; have legal capacity и legal capacity (legal personality).

The means of individualization of a citizen are his appearance, name and place of residence.

First name citizen - his name, patronymic and surname.

Место жительствР° - a place where a citizen predominantly or permanently resides. Under his own name, a citizen enters into transactions, and the place of residence is important for determining the jurisdiction of civil cases.

In the event of an unknown absence of a citizen at the place of residence for one year, the court may recognize him missing. The consequences of such recognition: the property of this citizen is transferred by court decision to trust management a person appointed by the body of guardianship and guardianship; the maintenance of his dependents is allocated from the property of this person; his dependents are assigned a pension in connection with the loss of a breadwinner; the spouse has the right to dissolve the marriage in a simplified manner, etc. If a citizen is absent from his place of residence for five years, the court may declare him dead. This period may be reduced to six months if the citizen disappeared under circumstances that threatened him with death, or to two months if the person disappeared in connection with military operations. In such cases, not only the consequences indicated above occur, but also an inheritance opens. If the citizen appears, the court reverses its decision and the citizen has the right to return property that belonged to him that ended up in the possession of other persons.

A number of legal facts (civil status acts)concerning a citizen are subject to state registration with the civil registry office (for example, birth, death, marriage and divorce, adoption).

To participate in civil circulation, a citizen must have legal capacity (the ability of a person to have civil rights and obligations; arises with birth and ceases with death) and legal capacity (the ability of a citizen to acquire and exercise civil rights and obligations by his actions; it arises in full only from the moment of reaching the age of majority).

Types of capacity: from six to 14 years - legal capacity of minors; from 14 to 18 years old - partial legal capacity; from the age of 18 - full legal capacity. The difference in the capacity of a citizen: the differentiation of the types of transactions that he can make in each of the above periods.

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