civil legal in the same way as the civil capacity, is part of the law.Meaning it is large enough.
legal capacity of citizens - is nothing more than an abstract (potential) the ability of an individual to perform duties and have the rights.This ability is recognized in equal measure for all citizens.Inception - the birth, the time of termination - death.This capacity has properties such as the inalienable and abstraction.Civic standing ensures that the interests of the person, if necessary, will defend themselves in court.
In some cases, people become legal capacity even before birth.As an example, we can call the situation when a person dies, his heir becomes the unborn child.Of course, the rights of the unborn child does not have, but the interests of the possible successor will still be protected by law.
civil legal capacity and its volume
article 18th of the Civil Code contains a list of the rights that belong to the notion of civil capacity.This article mentions:
- the right to bequeath or inherit property;
- the right to engage in entrepreneurial activity (meaning not prohibited by the law);
- the right to have property;
- the right to open any legal person;
- the right to perform all kinds of transactions;
- have copyright;
- to have a place of residence and so on.
list is not exhaustive - the citizens can have the right, does not stated in the article.
members of society is carried out, as well as the duties and rights acquired under his own name.It is carried out by means of individualization of names.The use of foreign names is prohibited.However, we should bear in mind that everyone has the right to use a pseudonym - that is his real name.In exceptional cases, not allowed to disclose any fictional or real name.The civil legal capacity does not change, and if the people will change the name that was given to him at birth.If it changes the old obligations are also saved.Also, there is a new obligation - a message to creditors information relating to changes in passport details.
What is civil legal citizens of other countries
It is determined by the laws of the country from which arrived a specific person.If a person, in the territory of the Russian Federation, has dual citizenship, one of which is Russian - and it is the basis of his civil capacity.
foreign citizen who has a residence in the Russian Federation, must comply with Russian legislation.If you have multiple citizenships a person must be based on the nationality of the country which has a place of residence.Stateless persons (persons without any citizenship), personal law must consider the law of the country which have a place of residence.
note that in most cases, persons without citizenship and foreign nationals on the territory of our country have exactly the same duties and rights, as well as its residents.
What is the capacity of citizens
If civil capacity implies that a person can perform duties and have the rights, the civil capacity means that it may act, to acquire and exercise legal rights.Competence can be:
- complete;
- partial;
- limited;
- zero.
As mentioned at the beginning of the compound legal capacity - is a civil legal personality, ie the ability and carry, and to exercise their own rights, but also have and act.
