Civil capacity - abilityto carry out, and at the same time, acquire various civil rights by one’s own actions, create certain duties and, of course, fulfill them. When do citizens become capable? Then, when emancipation is made or they come of age, that is, of eighteen years of age.
The concept of capacity is not to be confused with the conceptlegal capacity. The fact is that legal capacity is only an opportunity to have rights, but not to acquire them. A person is legally capable from the very birth.
Emancipation is the procedure for declaring a 16-year-old fully operational. Its causes are different: marriage, work under an employment contract, and so on.
Дееспособность несовершеннолетних, которые не reached the age of 14 years (they are also called minors), is small. Transactions for them can make only parents. All this is due to the fact that persons who have not attained the above-mentioned age do not yet have an established psyche and cannot clearly distinguish between right and wrong actions.
Of course, no one compares a child of three years.with one who has already turned twelve. It is believed that the first stage of maturation begins with six years. Up to this age, legal capacity is zero, upon its attainment there is a right to make small (only small) household transactions. They should not be associated with the need for notarization, as well as with the receipt of material benefits. They are designed to meet everyday standard needs. In sum, they are insignificant.
Juveniles have the full right to dispose of the funds presented to them by someone. With all this control by legal representatives can only be indirect.
Minors in fact do not have legal capacity. This means that they are not responsible for their actions. Who is responsible for them? Of course, legal representatives.
What happens when you reach the age of 14?From minors they turn into minors. Their capacity at the same time increases. With the consent of the legal representatives, they can make any kind of transactions.
From the age of 14, citizens start freelyto manage their own earnings. They can also get copyrights for any works of art, science, invention, and so on.
Juvenile capacity in this caseallows them to even become members of cooperatives. In some cases, they may be participants in an employment relationship. It should be noted that minors can be engaged in certain specific types of work activity even from the age of six. It's about circus activities, the film industry and so on.
Дееспособность несовершеннолетних в данном случае called partial. From the age of 14 they are responsible for the harm caused. Of course, in most cases, it is reimbursed by legal representatives, but this is not so important, since the minor is still held responsible.
Partial capacity of minorsmakes them responsible for their actions, which means that they can be convicted under the Criminal Code article. It should be noted that for some crimes criminal responsibility has already begun at the age of fourteen.
Eighteen years is the same agethe achievement of which a person is recognized as fully capable. Mental maturity does not matter here. Can a person be further limited in capacity? Yes maybe. For example, due to severe mental disorders. Only a court is able to recognize him as incapable.
