Legal Capacity

Also found in: Legal.

Legal Capacity


the state-accorded capacity of citizens and legal persons (organizations with civil rights and obligations) to have the rights and obligations provided and allowed by law. In the USSR, legal capacity is accorded to citizens, state organizations, enterprises, institutions, public organizations, and kolkhozes and other cooperative organizations. All citizens enjoy equal legal capacity, regardless of sex, race, nationality, origin, type of employment, or social status. The legal capacity of legal persons is determined by their charters in accordance with the purposes of their activity. Foreign citizens and stateless persons living in the USSR have legal capacity equal to that of Soviet citizens, with individual exceptions established by law.

Legal capacity is an essential prerequisite for many specific subjective rights and duties of citizens and organizations that participate in appropriate legal relations; the rights and duties arise when the grounds, or legal facts, established by law are present. The legal relations affected include civil, labor, kolkhoz, family, (certain) administrative, and procedural. Since legal capacity is itself a subjective right and is protected by the state, no one can be restricted in legal capacity except in certain cases and in the manner provided for by law. Agreements aimed at restricting legal capacity are invalid.

Although citizens have legal capacity from the moment of birth, it can be fully exercised only when they reach the age established by law. The rights of citizens below this age are exercised by parents and other legal representatives. Legal capacity is not distinguished from legal capability with respect to legal persons; the legal capacity of legal persons arises at the moment legal persons are formed and stops when they are liquidated or reorganized.

References in periodicals archive ?
The new authority shall have the legal personality, legal capacity and financial and administrative independence in all its affairs.
The claim was not filed against the Ship's owners but rather filed unlawfully against the Ship herself, notwithstanding that she does not have legal capacity to be sued according to Article (12) of the Law; and
This model is based on the perception that people have legal capacity and that it is therefore appropriate to assist and support those who have difficulty making decisions and performing legal actions, in lieu of nominating a guardian.
Essentially, the mental capacity depends on the age and health of the human mind, elements that the civil law considers while regulating the legal capacity to exercise rights.
1) The person granting the EPOA (donor) must have Legal capacity (also known as competence; the terms are often used interchangeably) at the point of its creation.
Figures estimate that at any one time, some 100,000 adults in Scotland have a significant impairment to their legal capacity to make decisions, and a Power of Attorney will help them and their family, friends or carers in such situations.
The original version amends Article 66 of the Civil Code, which requires foreigners to submit a certificate of legal capacity to contract marriage to be issued by diplomatic or consular officials.
The new law states that the company will be an independent corporate entity of financial and administrative independence and full legal capacity for undertaking its activities.
WAM reported that "the law states that the company will enjoy a legal corporate body and the legal capacity to practice all its activities and achieve its objectives, and will be owned by the Abu Dhabi Government.
The topics include the structure and formation of the Book of Deutero-Isaiah, the legal capacity of women in the biblical tradition of the Persian period, Blenkinsopp as an interpreter of "Third Isaiah," the establishment of Yhwh's sovereign rule at Mount Zion, kingship and servanthood in the Book of Isaiah, and how Isaiah's formation influenced early Jewish and Christian interpretation.
Stand By Your Man is, of course, Brian's new dating show which, in order to prevent anyone in a legal capacity mistaking it for Take Me Out, has 40 single women instead of 30.