The Concept and Characteristics of Natural Human Capacity 10

It refers to the ability of civil subjects to enjoy civil rights and bear civil obligations by law, that is, the qualifications of civil subjects to enjoy rights and bear obligations, which is a prerequisite for carrying out civil activities as a civil subject. If the law provides that the State protects the ownership of property of citizens, every citizen has the right to exercise the right to ownership of property. The meaning of civil capacity is referred to as "capacity".

Able to conduct civil conduct in accordance with the law by their own conduct.

Capacity to exercise rights and assume obligations in order to occur, modify or terminate a legal relationship. There are three types of capacity of natural persons: full capacity, limited capacity, and incapacity. The legal person's capacity to act is determined by the legal person's organ or representative bank.

Legal Analysis: The civil capacity of natural persons is divided into the following three categories:

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.Incapacity for civil conduct. It means that citizens cannot independently carry out civil activities, and can only be carried out by their legal **person**.

3.Restriction of 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.

Legal basis: Article 18 of the Civil Code of the People's Republic of China: 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.

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.

Full civil capacity, limited civil capacity, no civil capacity.

There are three types of capacity for a natural person:

1. Full capacity for conduct. Adults who have reached the age of 18 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 regarded as adults.

2. Limit capacity. Minors over the age of eight are persons with limited capacity for civil conduct.

3. Incapacity. Minors under the age of 8 and adults who are unable to recognize their own conduct are persons with no capacity for civil conduct.

Legal basis: Civil Code of the People's Republic of China

Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.

Those who are over 16 weeks old and have not yet completed a sedan chair and are living with their own labor income as their main livelihood, are 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 carry out civil juristic acts that are purely beneficial or 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.

Article 21: Where an elderly person who is unable to recognize his or her own conduct and is an elderly person with no capacity for civil conduct, his legally-prescribed **person ** is to carry out civil juristic acts.

Where minors over the age of 8 are unable to recognize their own conduct, apply the provisions of the preceding paragraph.