The whole world is divided into adults and children.It is not a secret for anyone that the older generation has more rights, duties and responsibilities in all countries. In Russia, there is such a thing as capacity. It occurs at a certain age and ideally never disappears. About this component of human life everyone should know. But what exactly? Full civil capacity arises under what circumstances? What are the rights and responsibilities of a citizen? In all this, every law-abiding person must understand. In fact, everything is easier than it seems.
Capacity is ...
First of all, it is important to be aware of what is being discussed at all. What is called capacity?
In Russia, this term refers to the offensive.age at which the child begins to be fully responsible for their actions. He bears full civil liability. Parents are no longer responsible for the actions of children; they have no right to forbid or indicate what to do.
According to the Civil Code of the Russian Federation (Article 21), the capacityCitizen is the ability to provide for your life with your actions. For example, be responsible for the violations and transactions. It is assumed that a person is fully aware of the consequences of certain actions.
Several stages of growing up
In Russia, the studied feature has severaldegrees. More precisely, a person goes through different stages of the formation of capacity. "Jump" will not work. Only in some situations it is allowed to speed up the process.
Full civil capacity arises at what age? To answer this question, you need to familiarize yourself with the stages of “maturing” of a citizen.
It is proposed to break up the stages of becoming a full citizen as follows:
- Absolute incapacity.It lasts up to 6 years old baby. Children at this age can not be responsible for their actions. Due to the peculiarities of the psyche. Legal representatives are fully responsible for the ward.
- Under 14, minors are generally recognized.incapable. But at the same time, some transactions on their own or with the permission of parents / guardians are allowed in Russia. For example, to carry out small household actions that are aimed at meeting the needs. Say, go to the grocery store. It can be considered that juvenile capacity has come. This wording is in the Civil Code.
- After receiving the passport, the child becomespartially capable. He is already responsible for some of his actions, can be brought to justice. But the bulk of transactions is still done only with the permission of (written) legal representatives. Moreover, after the age specified earlier, a citizen has the right to independently spend personal money (for example, received from part-time work in the summer).
- And at what point is full civilcapacity? When is this possible? It is not a secret for anybody that in Russia after the age of majority a citizen is considered to be an established personality capable of being responsible for himself and his behavior.
There is nothing difficult to understand. Nevertheless, these are not all the nuances that a citizen should know about. There are still some points that are not taken into account earlier.
Early maturity
Life is something unpredictable.And therefore, under certain circumstances, the civil capacity of a citizen arises in full before the deadline. In practice, exceptions to the rules are not very common. In addition, they are not so much.
When is a citizen able to be fully responsible for actions and be held accountable to the state ahead of time? There are only two layouts. This is about:
- Marriage.There are a number of cases in which you can play the wedding according to the law before 18 years. For example, during the pregnancy of the bride. Then at the time of the conclusion of the marriage union the child becomes capable. After a divorce, the possibility of responsibility for the acts committed is not lost.
- Opportunities for self-reliance.Such a process is called emancipation. It is possible from 16 years. In this case, the child must be issued as an individual entrepreneur or have a formal employment. It's about working on a contract. If parents agree to the process, emancipation is given by the guardianship authority. Otherwise - in court.
It follows that even before coming of age you canachieve full capacity. But, as already mentioned, in Russia this practice is not welcome. The most common situations associated with marriage. But the emancipation of modern adolescents do not know.
Restrictions
From now on, it is clear how much in fullcivil capacity arises. In practice, it is from the age of majority that a person can be responsible for his actions and independently make all decisions. Only parents rarely accept this fact. And even after this age, they still try to limit their children’s rights.
It is not right. Yes, according to the law, limitations of capacity exist. But under certain circumstances. Which ones?
It is important that a person cannot be responsible for the actionswhich he commits. For example, he was psychologically ill. Then all restrictions are imposed by the court. In principle, capacity is an inalienable concept. Take it away completely fail. A limit is allowed only in court.
Cases of disability
In practice, only 2 variants of development are known.events in which civil capacity may be limited. Civil law of the Russian Federation indicates that you can go to court if:
- Речь идет о подростке 14-18 лет.You can limit it to the rights of disposal of personal money. If a citizen has received emancipation, it will not work to realize the idea. In the same way as in the case of marriage. The grounds is the unreasonable distribution of profits, the presence of bad habits.
- Adult citizen by their actionsputs the family in a difficult financial situation. The implication is only the presence of addictions and alcohol / drug abuse. A person can be deprived of the right to receive and dispose of earnings. At the same time, responsibility for actions or inaction will still be.
Capacity can not only be limited, but also returned in full. This is done in a court of law when it meets the established requests.
Requirements and conditions
Civil capacity arises in full from 18 years. But at the same time a person must meet certain requirements. What exactly?
Among them are:
- coming of age;
- psychological health;
- physical health (lack of disability).
No more conditions. If a citizen is not sick, he adequately perceives information, his capacity is fixed for him.
Effects
What does this lead to? As already mentioned, a citizen gets the opportunity for all his actions to answer to the guardians of the law personally. There is absolute financial and property autonomy.
Последствиями ограничения дееспособности является transfer of responsibility for certain operations to a specially designated person. As a rule, he is chosen among relatives. The citizen is either fully liable for a person with limited legal capacity, or in part. For certain operations, you must obtain the consent of the person in charge.
Results and conclusions
The capacity of a citizen — the concept, occurrence, consequences, and conditions for depriving a given feature — is no longer a mystery. In fact, everything is easier than it seems.
Enough to remember that partialThe capacity comes after a teenager has received a passport, from the age of 14. A full - from 18. In exceptional cases, you can become independent in 14-16 years. Full civil capacity arises when the majority!
