-
According to Article 11 of the General Principles of the Civil Law, a citizen over the age of 18 is an adult with full capacity for civil conduct, can independently carry out civil activities, and is a person with full capacity for civil conduct. Paragraph 1 of Article 12 of the General Principles of the Civil Law stipulates that a minor over the age of 10 is a person with limited capacity for civil conduct and may carry out civil activities appropriate to his age and intelligence. Paragraph 2 of Article 13 stipulates that a mentally ill person who is unable to fully recognize his or her own actions is a person with limited capacity for civil conduct and may carry out civil activities commensurate with his mental health condition.
Paragraph 2 of Article 12 of the General Principles of the Civil Law stipulates that a minor under the age of 10 is a person with no capacity for civil conduct, and his legal **person** civil activities. Paragraph 1 of Article 13 of the General Principles of the Civil Law stipulates that a mentally ill person who cannot recognize his own behavior is a person with no capacity for civil conduct, and his legal **person ** shall be involved in civil activities.
To sum up, there are three types of civil capacity, namely, full civil capacity, limited capacity for civil conduct, and no capacity for civil conduct.
Zongheng Legal Network-Guangdong Tianhui Law Firm-Yu Shouxue lawyer.
-
Briefly describe the types of natural human capacity:1. Full capacity for civil conduct. It refers to the ability of citizens to carry out any civil activity through their own independent acts.
Citizens who have reached the age of 18 and are mentally healthy are persons with full capacity for civil conduct.
2. Lack of civil capacity. It means that citizens cannot independently carry out civil activities, and can only be carried out by their legal **person**.
3. Limit civil capacity. It refers to the fact that citizens only have a part of their civil capacity, so it is also called incomplete civil capacity.
-
Persons without capacity for civil conduct: minors under the age of 8 and adults who are unable to recognize their own acts or minors over the age of 8 who cannot recognize their own behavior, the civil law implemented separately is invalid, but the statutory **person** is valid.
Persons with limited capacity for civil conduct: minors over the age of 8 but under the age of 18 and adults who cannot fully recognize their own behavior, the civil juristic acts carried out by them for pure profit are valid, the civil juristic acts that are appropriate to their age and intelligence are valid, and the contractual acts beyond the scope of their ability shall be agreed or approved by their legal persons. The effect of its own independent implementation is undetermined, and it needs to be recognized by its legal **, and the testamentary act is invalid.
Persons with full capacity for civil conduct: natural persons over the age of 18 with normal mental condition or persons over the age of 16 but under the age of 18, who rely on their own labor income as their main livelihood**, are regarded as persons with full capacity for civil conduct and may independently carry out civil juristic acts.
-
Legal Analysis: Full Civil Capacity; A natural person over the age of 18 is an adult who has full capacity for civil conduct, can independently carry out civil activities, and is a person with full capacity for civil conduct. restriction of civil conduct; Refers to minors over the age of 8.
incapacity for civil conduct; Minors under the age of 8 shall be subject to civil activities by his legal **person**.
Legal basis: Civil Code of the People's Republic of China
Article 17: Natural persons over the age of 18 are adults. Natural persons under the age of 18 are minors.
Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.
Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated ** persons ** or with the consent and posthumous recognition of their legally-prescribed ** persons; However, they may independently destroy and carry out civil juristic acts that are purely profitable, or civil juristic acts that are appropriate to their age and intelligence.
Article 20: Minors under the age of 8 are persons with no capacity for civil conduct, and their legally-prescribed persons are to carry out civil juristic acts.
The difference is that a natural person means you, me, and him; (Living) legal person is the name of a person or organization with a certain ability to bear, such as the legal person of an individual is the owner, the legal person of the school is the school, and the legal representative is the principal of XX; And legal persons are not necessarily all people, but natural persons must be people; A legal person must be a natural person, a natural person is not necessarily a legal person, and a legal person is an organization and does not have life. >>>More
According to the General Principles of China's Civil Law, a "legal person" refers to an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law. A legal person is different from a natural person in that it is an inanimate social organization, and the essence of a legal person is the legal personification of a certain social organization. "Legal representative" is a definite legal concept, which refers to the person in charge who exercises authority on behalf of the legal person in accordance with the law or the articles of association of the legal person, and is the legal representative of the legal person. >>>More
Summary. Hello, I am happy to answer for you, the relationship between people, animals, plants and nature is interdependent and mutually restrictive. >>>More
Characteristics of commercial entities.
It must be the subject of recognition and regulation in the commercial law. >>>More
According to the requirements of the national "Notice on Adjusting the Benchmark Feed-in Tariff for Photovoltaic Power Generation Onshore Wind Power" at the end of 2016, photovoltaic power generation projects need to be included in the annual scale management of financial subsidies before they can get subsidies. To be included in scale management, it is necessary to first enter the project into the renewable energy power generation project information management system and apply for the subsidy catalog. >>>More