Individuals as subjects of civil law of the Russian Federation
Human and citizen's rights are freedoms andduties that are protected and limited by the Constitution. It should be remembered that this document lists both rights and responsibilities. One without the other is simply impossible! At the same time, there are various subspecies and categories of law, the main of which is civil. It, like any other, presupposes the existence of subjects and objects. The last category includes relations, contracts, etc. The subjects of this part of the law are, first of all, the so-called physical persons. The second category consists of legal entities. And the third is the state and its institutions.
Legal entities are all kinds oforganizations and enterprises that conduct and carry out their active activities for one chosen and legally established form (LLC, JSC, CJSC, PUE, etc.). Individuals, as subjects of civil law, are, first and foremost, citizens of a given country. At the same time, a person falling under this category strictly observes the duties that are assigned to him and are taken into account by the Constitution. A citizen of a country has all the political rights and freedoms that take place in the territory of that state and are approved by law. Individuals, as subjects of civil law, are residents of other republics residing in the given locality. Or, in other words, foreign citizens. Any country recognizes as a stranger a person who has documents confirming his belonging to another state. If people do not have any certificates and forms indicating their citizenship to another republic (kingdom, federation, etc.), and also they are not citizens of the country in whose territory they are at the moment, they refer to stateless persons. These people have the same rights as the two previous categories (locals and foreigners). Thus, individuals as subjects of civil law include citizens of this country, other states and stateless persons.
Almost every person haslegal personality. This concept implies the ability of a person to influence and to be influenced by civil law. This includes two terms - legal capacity and capacity.
In order for a person to be a subjectcivil law, he must confirm that he can independently perform all his civil duties without anybody's help. This is the capacity to act. This parameter is inalienable, that is, no one can restrict a person in it - only the law. Individuals, as subjects of civil law, may have one of three types of legal capacity.
Competence | ||
Ability of minors | Partial capacity | Full legal capacity |
From birth to the age of 6, the child has the first category of capacity for this type. | When a child turns 14 years old, he has a fullthe constitutional right to take part in many transactions, while the liability sometimes falls on parents, guardians, etc. This legal capacity lasts until the person reaches the age of eighteen. | Comes at the age of 18 years. In this case, there are conditions when full legal capacity may come earlier. The first option is if a citizen entered into legal marriage before the age of 18. The second - if a person works with 16 years. This should be formalized by an employment contract and backed by the consent of the parents or their guardians. |
At the age of 6, the baby can take part in small transactions on his own. This lasts until 14 years. | ||
In addition to legal capacity, there is alsolegal capacity - the second part of the legal personality. This term means that a person has the right to bear civil rights and perform the duties assigned to him by the Constitution.
At the same time, a person has the right tofreely carry out activities whose purpose is to generate income (entrepreneurship), may be the owner of real estate, and also has the right to work. All this applies to such a category as the economic rights of Russian citizens.
