Головна

Passive Capacity. (Правоспособность)

  1. PASSIVE VOICE

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.

29. 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.

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.



Individuals. Article 19. The Name of the Citizen | The Active Capacity of the Minors of 14-18 Years of Age

The Content of Right Of Ownership. | Article 218. The Grounds for the Acquisition of the Right of Ownership | Common ownership by spouses. | Article 48. The Concept of the Legal Entity | Main features of legal entity. | Article 55. The Representations and the Subsidiaries | Article 61. Liquidation of the Legal Entity | Article 29. Recognizing the Citizen as Legally Incapable | Article 160. The Written Form of the Deal | Article 433. The Moment of the Conclusion of the Contract |

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