On the Essence of Civil Capacity

Abstract

This article is devoted to the study of the concept and essence of civil capacity. According to the results of the study, the author comes to the conclusion that civil capacity is clothed in the legal form of strong-willed people and their teams, i.e. recognized by the rule of law ability of legally significant manifestations of will in the area governed by the civilistic branch of property relations. The recognition of legal personality by the State means giving legal qualities to the volition of persons formed by his inalienable natural and social characteristics. Legal personality consists of volitional ability in the form of personal intangible benefits and legal forms of its expression, represented by the legal capability or legal capacity of a certain amount. This intangible benefits (personal rights and freedoms) are responsible for the physical part, and legal capacity and capability for the legal existence of an individual. The equality of legal personality forms the goal to be achieved by legal means only in the specific legal relation. In particular, the carriers of civil capacity should be legally equal as subjects of horizontal linkages in relation to each other or as subordinate actors of similar vertical linkages.