Passive Capacity. ( Правоспособность)

The capacity of both natural and legal persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. Capacity is an aspect of status and both are defined by a person's personal law:

• for natural persons, the law of domicile or lex domicilii in common law jurisdictions, and either the law of nationality or lex patriae, or of habitual residence in civil law states;

• for legal persons, the law of the place of incorporation, the lex incorporationis for companies while other forms of business entity derive their capacity either from the law of the place in which they were formed or the laws of the states in which they establish a presence for trading purposes depending on the nature of the entity and the transactions entered into.

Article 18. The Content of the Citizens' Legal Capacity

The citizens may possess the property by the right of ownership; may inherit and bequeath the property; may engage in business and in any other activities, not prohibited by the law; may set up legal entities - on their own or jointly with other citizens and legal entities; may effect any deals, which are not in contradiction with the law, and take part in obligations; may select the place of residence; may enjoy the rights of the authors of the works of science, literature and art, of inventions and of other law-protected results of the intellectual activity; and may also enjoy other property and personal non-property rights. 

16. Article 21. The Active Capacity of the Citizen

Capacity - the ability to carry out an individual action in accordance with its capacity, making it possible to confer rights and impose it on his responsibilities, duties. Full capacity is acquired after the face of age.

1. The capability of the citizen to acquire and exercise by his actions the civil rights, to create for himself the civil duties and to discharge them (the civil active capacity) shall arise in full volume with the citizen's coming of age, i.e., upon his reaching the age of 18 years. 
2. In case the law admits the right to enter into a marriage before reaching the age of 18 years, the citizen, who has not reached the law-stipulated age of 18, shall acquire the active capacity in full volume from the moment of his entering into a marriage. The active capacity, acquired as a result of entering into a marriage, shall be retained in full volume in case the marriage is dissolved before the citizen's reaching the age of 18 years.
In case the marriage is recognized as invalid, the court may pass a decision on the underaged spouse being deprived of the full active capacity as from the moment fixed by the court. 

17. Article 26. The Active Capacity of the Minors of 14-18 Years of Age

1. The minors of from 14 to 18 years of age shall have the right to effect deals, with the exception of those listed in Item 2 of the present Article, upon the written consent of their legal representatives - the parents, the adopters or the trustee. The deal, effected by such a minor, shall be also valid, if it is subsequently approved in written form by his parents, adopters or trustee.
2. The minors of from 14 to 18 years of age shall have the right independently, without the consent of the parents, the adopters or the trustee: 1) to dispose of their earnings, student's grant or other incomes;
2) to exercise the author's rights to a work of science, literature or art, to an invention or to another law-protected result of their intellectual activity;
3) in conformity with the law, to make deposits into the credit institutions and to dispose of these;
4) to effect petty everyday deals, and also the other deals, stipulated by Item 2 of Article 28 of the present Code.
On reaching the age of 16 years, the minors shall also acquire the right to be members of cooperatives in conformity with the laws on the cooperatives.
3. The minors of from 14 to 18 years of age shall bear the property responsibility for the deals they effect in conformity with Items 1 and 2 of the present Article. For the inflicted damage, such minors shall bear responsibility in conformity with the present Code. 
4. In case there are sufficient grounds, the court, upon the request of the parents, the adopters or the trustee, or of the guardianship and trusteeship body, may restrict the right of the minor of from 14 to 18 years of age to independently dispose of his earnings, student's grant or other incomes, or deprive him of this right, with the exception of the cases, when such a minor has acquired the full active capacity in conformity with Item 2 of Article 21, or with Article 27 of the present Code.

Date: 2015-12-24; view: 612