Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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Trapezarova Victoria Sergeevna

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Kuban State Agrarian University
   

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vtrapezarova@bk.ru


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THEORETICAL APPROACHES TO THE DEFINITION OF LEGAL CAPACITY IN CIVIL LAW OF RUSSIA AND FOREIGN COUNTRIES

abstract 1341710023 issue 134 pp. 273 – 282 29.12.2017 ru 124
The article is devoted to the analysis of the concept of legal capacity, which is one of the fundamental concepts in the science of civil law. The authors have covered approaches to the disclosure of this concept in the legal systems of foreign countries. The common features inherent in all considered variants of interpretation were revealed. Legal capacity is a sufficient criterion for establishing the fact of the legal existence of a legal entity. In accordance with Art. 17 of the Civil Code of the Russian Federation, legal capacity is the ability of an individual to have rights and bear responsibilities. The emergence of the legal capacity of an individual is determined by the moment of his birth (clause 2 of Article 17 of the Civil Code of the Russian Federation). Accordingly, the termination of legal capacity is determined by the moment of biological death (clause 2 of Article 17 of the Civil Code of the Russian Federation), since the subject of law no longer exists. If the person has been declared dead, but in fact is alive, this does not detract from his legal capacity, he automatically continues to use his legal capacity, respectively to enjoy the full range of rights and bear the responsibilities. In the scientific literature, both passive and active legal capacity are distinguished. The authors study different approaches, shows the lack of a common understanding of legal capacity, but all analyzed doctrinal approaches have a common feature - all reflections concern a certain person, his rights and duties. The authors concluded that the key component of legal capacity is the ability to be a subject of statutory rights and obligations
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