What is the capacity and capability.

The Civil legal capacity and capacity to act – is the same or not? The difference between these terms is enormous, however, many people without legal training or education, don't understand it. What's the point? In order to understand this, it is necessary to examine both of these concepts.

The capacity and capability of individuals

You should Start with the fact that both of these concepts together constitute the personality. What is it? This is something that is inherent in the subject of law. It gives people a great opportunity. Before describing it, we look at where we started.

Let's Talk about capacity. An important feature is that people are endowed with it from birth and possess until his death. In General, this concept refers to the abstract and the potential of individuals not only to perform duties but also to have many rights.

In any state of law, she is recognized for all citizens without exception and in equal measure. There should not be such that someone has legal capacity, and someone – not.

The phenomenon is characteristic of inalienability, as well as abstractness. Note that in certain circumstances it may occur even before the birth of the citizen. This can happen, for example, in the case if the deceased left a legacy to the child, who was conceived during his lifetime but born after his death. Here the right to property comes from someone who hasn't even managed to see the light.

What is the volume of civil capacity? In GK it is specified that citizens may have property by right of ownership, bequeath, and inherit it, in its sole discretion to make trades, to engage in any activity that is not prohibited by law, have the right of authorship, and so on. The volume of civil matters is quite broad. Legal capacity means that citizens can use their own or a false name, but other names are not allowed. Legal persons have legal capacity. She, of course, is specific, but the essence remains the same.

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Let's talk about what the capacity. It is the ability to have and own actions to acquire new rights and responsibilities. In General, allocate as many as four state capacity.

The First kind is called complete. It is typical of an adult and a minor emancipated individuals who have not been deprived of or restricted in the manner prescribed by law.

A Partial capacity implies some limitations. It is inherent in persons from 6 to 18 years. Note that from 14 to 18 years - a sign of just emancipirana entities.

The Third – this is a limited capacity. It is fully regulated by the provisions of the act.

And There is zero capacity. It has the persons under 6 years of age and mentally ill.

As already mentioned, the capacity and capability, in their totality, form the personality – the ability to have and purchase obligations as well as rights. Full citizens should own it. It appears when you merge the capacity and capability.