Civil legal and transactional capacity of persons as elements of their financial and legal status

The comparative analysis of normsof the Сivil Сode of the Russian Federation (CCRF) defining the moment of occurrence of person's civil legal capacity and its maintenance,is carried out. The author states that civil capacity and subjective civil law represent various legal phenomena. The content of such conceptsas restriction and deprivation of the minor at the age of 14 to 18 of the right to dispose income independently is analyzed. The authorcriticizes the position of Item 2, Article 17 of ССRF, according to which civil legal capacity as an ability of persons to get civil rights and toperform civil duties arises from the moment of their birth. Civil legal capacity is a precondition of civil legal relationship occurrence in thesense that if individuals are not capable of having civil rights and duties connecting them, then civil legal relations cannot exist. Definitionof the moment of occurrence of citizen's civil law capacity by the date of birth does not comply with the content of civil legal capacity,which Article 18 of CCRF reveals. The text of the norm says that the content of civil legal capacity represents civil rights and duties, whichthe person can have much later than the date of birth. It means that the moment of occurrence of citizen's civil legal capacity depends notonly and not so much on the date of birth, but also on the character of definite civil rights and duties the person can have throughout life.The parity of civil legal capacity and subjective civil law is analyzed. The conclusion that civil legal capacity represents an abstract legalopportunity that can remain non-realized is formulated. The subjective civil law is a definite legal opportunity, which is realised. Theconcepts of restriction of the right of the minor at the age of 14 to 18 to independently dispose income and their deprivation of such a right(Item 4, Article 26 of CCRF) are considered. Teenagers preserve the ability to receive income by their actions and to dispose it, but onlywith the consent of parents, adoptive parents, or the trustee. Such a measure (or a way) of change of the legal status of the minor can providean optimum educational effect as a result of creation of a reasonable balance between the necessity of development of teenagers' practicalexperience, sense of proportion and responsibility for their actions and appropriate control from the persons obliged to carry out educationand supervision of the wards.

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