Legal Capacity

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 ?
According to the Law, ADPHC is an independent legal entity with full legal capacity to practice its activities, and follows the Department of Health- Abu Dhabi (DHDA).
Failure to comply with the requirement, according to the SC, renders a case dismissible on the ground of lack of legal capacity to sue.
Non-compliance with this requirement renders a case dismissible on the ground of lack of legal capacity to sue...," the SC said.
The workshop was designed to strengthen Sao Tome & Principe's technical and legal expertise to identify and deal with sovereign debt related issues in view of enhancing legal capacity to prepare, negotiate and effectively implement legal documents to accelerate the country's economic development.
He said that in law, self-help groups have legal capacity to own land.
2- They need to have full legal capacity; to be free and not placed under guardianship.
A gang of young riders who rode high powered racing motorcycles with engines beyond the legal capacity with altered chassis numbers on the main roads in Colombo 7 was seized by the Cinnamon Gardens Police.
A Foreign Ministry statement noted the decision taken by UN Secretary-General Antonio Gutteres to appoint the French woman who has worked with prior UN missions in Kosovo and Cambodia and has served in a legal capacity on the International Tribunal for the Former Yugoslavia.
26 of 1981 (Maritime Commercial Law) ('Law'), the Ship does not have a legal capacity to be sued and the Claimant should have filed the claim against the Ship's owners rather than the Ship herself.
(4) Thus, from the 1960s, legal systems began to craft legal arrangements dealing with person's legal capacity in a different mode, giving much greater weight to the values of liberty and autonomy and reducing the extent of paternalistic intervention.
The 10,200 s/f garage has a legal capacity for 24 cars and an overall capacity for [+ or -] 65 cars.