Civil law. Parts I, III and IV. Limitation of the legal capacity of citizens (the most important)

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Civil law. Parts I, III and IV. Limitation of the legal capacity of citizens (the most important)

Lecture notes, cheat sheets

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8. LIMITATION OF CITIZENS' CAPABILITY

Legal capacity can be reduced by recognition by the court of a citizen partially incapacitated or incompetent. A citizen who, due to a mental disorder, cannot understand the meaning of his actions or manage them, upon the application of interested parties, may be declared incompetent by the court. He does not have the right to make any transactions, including small household ones, and does not bear any responsibility for them, as well as for causing harm. On his behalf, all transactions are carried out by his guardian.

A citizen who, due to the abuse of alcohol or drugs, puts his family in a difficult financial situation, at the request of the interested parties, may be limited by the court in his legal capacity. He is not entitled, without the consent of the trustee, to make any transactions, except for small household ones, however, he bears full property liability for them, as well as for causing harm.

Ability can be improved by emancipation a citizen, i.e., recognizing him as an adult in the event of marriage registration at the age of 16 Emancipation is carried out: by decision of the guardianship and guardianship authorities - with the consent of both parents, adoptive parents or guardian or by court decision - in the absence of the consent of parents, adoptive parents or guardian. Parents, adoptive parents and a guardian shall not be liable for the obligations of an emancipated minor, including for obligations arising as a result of harm caused to them.

The institution of guardianship and guardianship was introduced to protect the rights and interests of incapacitated or not fully capable citizens, as well as to protect them from abuse by third parties. It is regulated by the Civil Code of the Russian Federation, as well as by the Federal Law "On guardianship and guardianship" of 2008.

Guardianship established over incompetent citizens, guardianship - over partially capable. Guardians (trustees) are the legal representatives of their wards, their representation does not require the issuance of a power of attorney with the designation of their powers in it. The document certifying the powers of the guardian (custodian) is the guardian's certificate, and in its absence - the decision of the guardianship body on the appointment of the person as the guardian (trustee).

Guardianship (trusteeship) is established by the guardianship and guardianship body, which is the local self-government body, within one month from the date of receipt of the message from interested persons (court decision) on the need to establish guardianship (guardianship).

Patronage - a form of guardianship over capable citizens when, for health reasons, they cannot independently exercise and protect their rights and fulfill their duties. The trustee (assistant) is appointed with the consent of the assistant himself and the citizen over whom patronage is established (in writing). The assistant (under the control of the guardianship and suretyship body) performs actions in the interests of the citizen under patronage, on the basis of an agency agreement concluded with him, an agreement on trust management of property or another agreement. At the same time, the ward is notified of violations committed by the assistant and which are the basis for terminating the contracts that were concluded between the assistant and the ward. Patronage is terminated in connection with the termination of the contracts concluded between the assistant and the ward, on the grounds provided for by law or the contract.

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