The impact of legal capacity and capacity on the qualifications of the three major litigants

The ability to act depends on whether you can make the decisions.

In civil litigation, only citizens with full capacity for civil conduct have the capacity to litigate. Citizens who lack the capacity for civil conduct and have limited capacity for civil conduct have no capacity for litigation. Litigation acts can only be carried out on behalf of their legally-designated ** persons or litigants entrusted by their legally-designated ** persons.

Legal basis: Article 57 of the Civil Procedure Law of the People's Republic of China: A person who lacks the capacity to litigate shall be litigated by his guardian as a legal person. Where legally-prescribed persons pass the buck to each other, the people's court is to designate one of them to litigate on their behalf.

In civil law, the civil capacity of a natural person is divided into three situations: full civil capacity, limited civil capacity, and no capacity for civil transportation. However, in the Civil Procedure Law, the litigation capacity of a citizen party is only divided into two situations: those with litigation capacity and those without litigation capacity. A person with full capacity for civil conduct has capacity for litigation; Persons with limited capacity for civil conduct and persons without capacity for civil conduct have no capacity for litigation and cannot participate in civil litigation in person, and need to set up a statutory litigator.

Article 19 of the Civil Code stipulates: "Minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their legal **person ** or with the consent and recognition of their statutory ** Pengchun people, but they may independently carry out civil juristic acts that are purely beneficial or civil juristic acts that are appropriate to their age and intelligence." This article amends the age limit for persons with no or limited capacity for civil conduct, from the original age of 8 to 8 years old.

Article 36 of the General Principles of the Civil Law of the People's Republic of China: [Definition of Legal Person and Its Capacity for Rights and Conduct] A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with law. A legal person's capacity for civil rights and civil conduct arises from the time of its establishment and ends at the end of the legal person.

Litigation capacity is one of the manifestations of full civil capacity. The meaning of civil capacity is known as capacity. The qualification to exercise rights and assume obligations in accordance with the law by one's own actions, so that legal relations can occur, change or be terminated.

The capacity of a natural person can be divided into three situations: full capacity, limited capacity and incapacity. The legal person's capacity for conduct is exercised by the legal person's organs or representatives. Civil capacity refers to the qualification of a civil subject to obtain civil rights and bear civil obligations through his or her own conduct.

In short, civil capacity provides realistic conditions for civil subjects to enjoy civil rights and undertake civil obligations. Civil capacity refers to the ability of a civil subject to independently obtain civil rights and bear civil obligations for itself or others.

1. Is the contract valid?

If another person signs a contract on behalf of the party, it shall be entrusted in writing by the parties or recognized afterwards, otherwise, the contract shall not be legally binding on the parties. If the person knows that another person is carrying out a civil act in his or her name, but does not deny it, it is deemed to have consented.

A contract established in accordance with law shall take effect from the time of its establishment. However, the formation of a contract does not mean that the contract is valid, because only a contract that is formed in accordance with the law can take effect. Generally speaking, the requirements for the validity of a contract include:

1) The parties to the contract have the corresponding capacity to conclude the contract at the time of entering into the contract. Civil capacity is a prerequisite for the validity of civil juristic acts, and civil juristic acts carried out by persons without civil capacity and persons with limited capacity for civil conduct are only valid if they are recognized by their legal persons. The so-called capacity to conclude contracts refers to the legal capacity on which a civil subject independently concludes a contract and obtains civil rights or bears civil obligations by its own acts.

2) The intention of the parties to the contract is genuine.

3) The contract does not violate the law or the public interest. Knowing the withering.

2. Who can be the subject of the contract?

(a) Natural persons, which include both citizens of the State and aliens and stateless persons. Natural persons are divided into persons with no capacity for civil conduct, persons with limited capacity for civil conduct, and persons with full capacity for conduct. A person who lacks the capacity for civil conduct can be the subject of the contract, but he cannot sign the contract alone, and the contract can only take effect if the legal person signs the contract on his behalf.

A person with limited capacity can independently sign a contract that is suitable for his age and intelligence, and for contracts that exceed his age and intelligence, he or she must sign it on behalf of the legal ** person before it can take effect. A person with full capacity for civil conduct can enter into a contract independently.

2) "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 law. Including: enterprise legal person, government agency, public institution legal person, social organization legal person.

3) "Other organizations" refers to units or institutions other than natural persons and legal persons.

Article 18 of the Civil Code of the People's Republic of China [Persons with full capacity for civil conduct] 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.