Legal capacity and capability of a person

Prepared by:Patsora TarasTarasenko IuriiTsviluk Iryna

Civil relations are the social relations, that take place among people and which are regulated by the Civil Legislation of

Ukraine

An individual, acting as a party of legal relations, shall be deemed a

natural person. Article№24 of the Civil Legislation of

Ukraine

The citizens of Ukraine, the foreign citizens and the people without a

citizenship are referred to the natural people . In order to be a subject of

civil relations a natural person shall have a legal capability

A natural person’s legal capability shall mean his/her capability to acquire civil rights by his/her actions and to exercise them independently as well as the capability to create civil obligations by his/her actions and perform these obligations.

The Legal Capability of a natural person stars at the moment of his/her birth and stops at the moment of death. The Legal

Capability as a social and legal feature is valid for all people, equal

before the law, in spite of their origin, place of living, color of the

skin, spirituals or etc.

According to the Civil Legislation of Ukraine, the Civil Capability is divided into 4 groups:

Partial Legal Capability of a Natural Person (article .№31);

Partial Legal Capability of a Natural Person of Fourteen Through Eighteen

(article№32);

Full Legal Capability (article.№34);

Restriction of a Natural Person’s Legal Capability (article .№36);

A Natural Person’s Legal Incapability (article.№39).

Partial Legal Capability of a Natural Person

The natural person who has not attained fourteen (a child) shall be entitled:1) to take independently inessential social legal actions.Legal action shall be regarded as inessential social one if it meets social needs of a person, complies with his/her physical, moral and social development and relates to the object with low value;2) to exercise his/her non-property rights to the outcomes of intellectual and creative activity protected by the law.2. A child shall be not responsible for the losses inflicted thereby.

Partial Legal Capability of a Natural Person of Fourteen

Through Eighteen

A natural person of fourteen through eighteen (minor) shall be entitled:1) to dispose independently of his/her earnings, fellowship or other incomes;2) to exercise independently his/her rights to the outcomes of intellectual and creativeactivity protected by the law.3) to become a participant (a founder) of legal entities unless it is prohibited by the lawor the constituent documents of the legal entity;4) to conclude independently the bank deposit (bank account) agreement and disposehis/her deposit entered in his/her favor (costs on his/her account).2. The minor shall take other legal actions by the consent of his/her parents (adoptive parents) or guardians.Taking legal actions by a minor with respect to transportation means or real estate must be acknowledged by the notarized approval of parents (adoptive parents) or a guardian and by permission of a guardianship and trusteeship body.

Full civil capacity is the ability of an individual to perform actions that acquire property and

moral rights, to assume and perform any duties.

A natural person who attained eighteen years (full legal age or majority) shall

have full legal capability.

In case of marriage registration of a natural person under full age, he/she shall

acquire a full legal capability since the moment of his/her marriage registration.

In the event of marriage termination prior to the natural person attains the majority, the full legal capability acquired thereby

is held.

If the marriage is recognized invalid by the reasons not connected with the illegal

conduct of the minor, the full legal capability acquired thereby is held.

The court may restrict the legal capability of a natural person with mental disorder that materially influences on his/her capability to perceive and (or) control his/her actions.

The court may restrict a natural person’s legal capability if he/she abuses alcohol, drugs, toxic substances etc. whereby bringing himself/herself or his/her family as well as other persons he/she has to maintain by the law into hard circumstances

A natural person’s legal capability shall be restricted since the effective date of the court decision thereon.

A natural person with the restricted legal capability shall be placed in ward. Legal actions regarding the disposal of property and other legal actions that lap over these inessential legal actions shall be taken by a natural person whose legal capability is restricted by the approval of his/her guardian.The guardian’s refuse to give the approval for legal actions that lap over these inessential legal actions may be appealed by the natural person with the restricted legal capability in the guardianship and trusteeship body or the court.The guardian receives earnings, pension, fellowships and other incomes of a natural person with the restricted legal capability and dispose thereof. The guardian may provide a written permit to a natural person with the restricted legal capability to receive his/her earnings, pension, fellowships and other incomes and dispose thereof.

A natural person may be recognized by the court as legally incapable if

he/she is not capable to perceive and (or) control his/her actions due to

chronic and stable mental disorder.

A natural person shall be recognized as legally incapable from the effective date of

the court decision thereon.If the recognition of marriage, agreement

or other legal action as invalid depends on the time of occurring a natural person’s

legal incapability, the court may determine the date of recognition thereof in its

decision with regard to the opinion of psychiatric-court expertise and other

evidences of the natural person’s mental health.

Legally incapable natural person shall be not entitled to take any legal actions.