DESCRIPTION OF LEGAL CRITERIA ENSURING THE NORMAL STATE OF PARTICIPATION OF AN INDIVIDUAL IN CIVIL RELATIONS
Keywords:
civil law relations, normal participation of an individual in civil law relations, criteria for normal participation, legal personality, legal capacity, delicacy ability, adulthood, emancipation, the ability of an individual to realize his or her actions, limited legal capacity, incapacity, defects in incapacity.Abstract
The article analyzes the legal criteria that ensure the normal participation of an individual in civil law relations. These legal criteria are studied by the author in four groups. The article examines the categories of legal capacity and delicacy ability, including legal personality, understanding and awareness of the consequences of their actions, coming of age and obtaining full legal capacity before the onset of majority (emancipation, marriage before reaching the marriageable age in cases stipulated by law). Different views of scientists on legal capacity are compared. Along with legal capacity, elements reflecting the content of legal capacity are analyzed. Today, civil law relations reflect the situation in which an individual participates and the type of participation that is considered normal. Discussions of the impact of finding a citizen with limited legal capacity or incapacity for his or her participation in civil relations are compared with foreign experience. Substantial proposals were made to eliminate existing gaps in regulatory documents and problems in practice.
