Legal Encyclopedia. Letter D

competent

- The ability of citizens by their actions acquire and exercise civil rights, to create for himself civic duties and perform them. The elements of the content are sdelkosposobnost D. (possibility

self-transactions), delictual (the ability to carry an independent estate

responsibility) and the ability of the citizen to do business. AD is associated with the commission of a national voluntary actions, depending on age.

Full D. recognized for citizens over the age of 18 years. The exception is:

1) when full capacity is declared citizen marries before age 18;

2) cases of emancipation, ie, Classified minor who has reached the age of 16, full capacity if it works for

employment contract or with the consent of the parents involved in business.

D. Partial have minors (between 14 and 18 years) and young (from 6 to 14 years) citizens.

Minors have the right to make their own:

1) small domestic transactions;

2) transactions directed to gratuitous receipt of benefits that do not require notarization or state registration;

3) transactions for the disposition of funds provided by the legal representative or with the consent of the latter by a third party for a specific purpose or for free disposal.

Property liability for the obligations of a minor and the harm carried his legal representatives.

Upon reaching 14 years of age a minor may independently perform any transaction subject to the written consent of his legal representatives.

Minors (14 to 18) is entitled to their own, without the consent of the legal representatives, in addition to transactions made

minors:

1) to dispose of his earnings, scholarships;

2) to exercise the rights of the author of works of science, literature, art, inventions;

3) make deposits in credit institutions and dispose of them;

4) upon reaching 16 years of age to be members of cooperatives.

Minors between the ages of 14 and 18 are independent property responsibility for transactions made by them.

If a person abusing alcohol or drugs, puts the family in a difficult financial situation, the court may declare its limited legal capacity. Limited in AD has the right to:

1) to make their own small domestic transactions;

2) with the consent of the trustee to receive salary, pension and other income and dispose of them.

D. Limitation does not affect the question of employment, on the conclusion, dissolution of marriage, on the responsibility for the damage caused.

The court may cancel D. limitation in cases of:

1) if there is evidence that an individual has stopped abusing alcohol or drugs and can independently dispose of the property and funds;

2) if the family is limited legal capacity of a citizen, which he must provide funds for maintenance, has ceased to exist (due to divorce, death, separation of families).

If a citizen is not able to understand the significance of their actions and be guided by them as a result of mental disorder, established forensic psychiatric

expertise, it is recognized by the court as incapable.

In this case, the citizen has no right to perform any transactions, including small household.

If you fell off the grounds on which a citizen was found incompetent, the court finds him capable and cancels the set over him custody.