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Anonymous users2024-02-071. The capacity for civil rights refers to the qualifications granted by civil law to civil subjects to engage in civil activities, enjoy civil rights, and bear civil obligations.
1.The capacity for civil rights is a possibility for civil subjects to enjoy civil rights and bear civil obligations granted by law, and the actual benefits have not yet been brought by civil subjects. Civil rights, on the other hand, can only be enjoyed by civil subjects after they have participated in specific civil legal relations.
2.The capacity for civil rights includes the qualifications of civil subjects to obtain civil rights and bear civil obligations. Civil rights, on the other hand, only refer to the possibility of a civil subject actually obtaining benefits in a specific civil legal relationship.
3.The content and scope of civil capacity for civil rights are prescribed by law and are not directly related to the personal will of the civil subject. Civil rights, on the other hand, are acquired by civil subjects when they actually participate in civil activities according to their wishes within the scope permitted by law, and they directly reflect the personal will of civil subjects.
4.The capacity for civil rights is inseparable from the personal existence of the civil subject, and the civil subject cannot be transferred or waived, and others have no right to restrict or deprive such capacity for civil rights. Civil rights, on the other hand, may either transfer or give up a civil right in accordance with the law, or be restricted from exercising or being deprived of a certain civil right that it originally enjoyed, unless otherwise provided by law.
2. Capacity for civil rights is a relevant part of civil legal relations. The concept of capacity for civil rights is involved in the subject of civil legal relations, which is the element of civil legal relations. We all know that the subject of civil legal relations refers to the participants and parties who enjoy rights and assume obligations in civil legal relations.
The participation of civil subjects in civil legal relations also depends on their capacity, so the civil law decomposes this ability into civil rights capacity and civil conduct capacity.
From the time of birth to the time of death, citizens have the capacity for civil rights, enjoy civil rights in accordance with the law, and bear civil obligations. ”
"Civil rights" is the limit of the civil law to civil subjects to realize their interests. Rights are essentially the limits of behavior, and civil rights are the scope of the freedom of the right holder, within which there is sufficient freedom to carry out any act, and the law gives full protection to this. On the contrary, if the act exceeds the limits set by the law, not only will it not be guaranteed, but it will be held accountable.
Such as "property rights" and "personal rights".
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Anonymous users2024-02-06Please state what you want to say.
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Anonymous users2024-02-05Legal analysis: The capacity for civil rights is a possibility for civil subjects to enjoy civil rights and bear civil obligations granted by law, and the actual benefits have not been brought by civil subjects. Civil rights, on the other hand, can only be enjoyed by civil subjects after they have participated in specific civil legal relations.
The law is based on the Civil Code of the People's Republic of China
Article 13: From the time of birth to the time of death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations.
Article 14: All civil rights and abilities of natural persons are equal.
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Anonymous users2024-02-04Legal Analysis] Civil rights capacity and civil rights are two different concepts that are both related and distinct. The differences between the two are as follows: First, the capacity for civil rights is a legal qualification and a prerequisite for a natural person to obtain civil rights.
The ability of a natural person to enjoy civil rights is not the same as the acquisition of actual civil rights. Second, the capacity for civil rights is prescribed by law, and civil rights are obtained by natural persons on the basis of civil juristic acts, factual acts, events prescribed by law, or other means prescribed by law. Third, the ability to exercise civil rights is inseparable from that of natural persons.
Once a natural person is born, he or she has the capacity for civil rights, and death is the only legal reason for a natural person to lose the capacity for civil rights, and the capacity for civil rights cannot be transferred in any way, nor can it be abandoned or inherited.
Legal basis] Civil Code of the People's Republic of China Article 110 Natural persons enjoy rights such as the right to life, the right to body, the right to health, the right to name, the right to portrait, the right to reputation, the right to honor, the right to privacy, and the right to marital autonomy. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.
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