Civil legal capacity and civil capability of
Civil legal capacity
In accordance with the Civil code of Ukraine all of
physical persons have a civil legal capacity and capability.
As physical persons own certain rights and duties and
will realize them, they are provided with civil capacity
which consists of civil legal capacity and civil capability.
Civil legal capacity - it possibility to have
civil laws and carry social duties is acknowledged
after a physical person. The table of contents of
legal capacity makes the aggregate of those civil
laws and duties which can have physical persons.
CC is in norms about a legal capacity (the item of
item 24 - 29 CK).
Characteristic signs of legal capacity :
O reality (assuredness). Possibility to become the subject of all of
rights and duties is guaranteed every physical person (an item is 24
Constitutions of Ukraine).
O equality. All of physical persons have equal possibilities to have
statutory right and duties regardless of race, nationality, political and
religious persuasions, floor, ethnic and social origin, habitat, linguistic
and other signs;
O inalienability. A physical person can not pass to the legal capacity
other person by payment or agreement.
Article 25. Civil legal capacity of physical person
1. Civil laws and duties (civil legal capacity) must have ability all of
2. The civil legal capacity of physical person arises up in the
moment of its birth.
3. The civil legal capacity of physical person is halted in the
moment of its death.
A legal capacity for a physical person
arises up from a birthday and halted with its
death (or with announcement of it dying). It
means that yet to birth of man society, state
already defined the circle of rights for it, and the
fact of birth testifies to acquisition the man of
Volume of civil legal capacity
— it is an aggregate of possibilities to acquire and realize civil
laws and duties, that can have person in accordance with the
legislation of Ukraine.
The volume of civil legal capacity of physical person is
set an item 26 CC of Ukraine. All of physical persons are even in
ability to have civil laws and duties.
For the legal capacity of physical persons there is
characteristic legal equality in Ukraine. The table of
contents of legal capacity of citizens does not
depend on a race, color of skin, floor, ethnic and
social origin, property state, habitat or other signs
(an item is 24 Constitutions of Ukraine). Foreigners
and persons without citizenship own an even with
the citizens of Ukraine legal capacity.
The constitution of Ukraine sets right and
duties, which determine the volume of civil
right on dignity (item 28), right on freedom and bodily
security (item 29) and inviolability of habitation (item of ZO), right
on privacy of correspondence, telephone negotiations, telegraph
and other correspondence (item 31), right on non-interference in
the personal and domestic life, on refutation of unreliable
information about itself, about the family (item 32) members, right
on freedom of movement and free choice of habitat (item 33),
possibility to own, to use and dispose of ownness.
Limitation of civil legal capacity can be forced and
voluntarily. Yes, a person on a sentence can be
forcedly limited in a legal capacity, if:
a) condemned to imprisonment (in this case it is limited in such
rights, as electing of habitat family, employments, right on
original appearance and others like that);
bi) in the order of item 51 CC of Ukraine as additional measure
of punishment a person is deprived possibility to hug certain
positions or carry on certain activity.
• Civil capacity of an individual is called its
ability to take their actions for himself a civil
rights and implement them on their own, also
the ability to create their actions civic duties
for himself, to perfomens them independently
and take responsibility in the event of their
The extent of the capacity
health of an
Age of an
Varieties of civil
partial civil capacity (article 31 CC)
incomplete civil capacity (article 32 CC)
full civil capacity (article 34 CC)
limited civil capacity (article 36 CC)
incapacity of an individual (article 39 CC)
Partial civil capacity
Typical for individuals under age 14 who
are entitled to:
• independently commit petty domestic
transactions that satisfy their needs and
concerns of the subject that is low cost and
meets the physical, mental or social
development of the infant;
• minor does not bear civil liability for the
harm it caused. It’s responsible for his
parents (adoptive parents) or guardians.
Characterized for an individual, aged 14 to 18 years,
determined the law of the commit, not all but only
some of the actions required by law :
• They have the right commit petty domestic
transactions, dispose of their wages or scholarships,
exercise their inventive copyright or rights to their
works, inventions, entitled to make deposits to banks
and other financial institutions, and dispose of them,
• Underage person responsible for the damage caused to
him if he has property or income. When he does not,
the harm caused by him should be recoverable by his
parents (adoptive parents) or guardian
Full civil capacity
• It is the ability of an individual
whose actions acquire and exercise
any property and moral rights, to
assume and perform any duties.
Under current legislation, if the marriage
registration of an individual who has not attained
the age of majority, his full capacity comes from
the registration of marriage.
Full civil capacity can be given to a child,
recorded by the mother or father of the
Also, an individual who has attained 16
years and working under an employment
contract or wishing to do business.
Full civil capacity becomes an individual of the age of
majority, ie 18 years:
Limited civil capacity
• Determined by the court to individuals who suffer from a
mental health disorder that significantly affects щт their
ability to comprehend the significance of his actions or
• The court may limit the civil capacity of an individual if
he is abusing alcohol, drugs, toxic substances and thus
puts himself or his family, and other persons, whom he is
legally obliged to maintain, in a difficult financial
• An individual may be declared incompetent by a court if
it is due to chronic, stable mental health disorders or
dementia is unable to realize the significance of his
actions or control them.
• The physical person is incapable since entry into force of
the court decision about it. Over an individual who is
recognized as incapacitated, guardianship is established,
conducted in the loss of her opportunities to perform any
Worked on the project
Demydenko Ivan and