Family Law Legal capacity and active capacity in доклад на Общие темы

Доклад раскрывает тему "Family Law Legal capacity and active capacity in".
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Family Law Legal capacity and active capacity in family law
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Legal capacity
	is one’s capacity to have civil rights and obligations [art.13 CC]
Legal capacity is one’s capacity to have civil rights and obligations [art.13 CC]
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Legal capacity
All citizens have equal LC [art.13(1) CC]

LC begins from one’s birth and ends with one’s death. [art.13(2) CC]
Content of LC: to owe any property, inherit, choose place of residence, to have intellectual property etc. [art.14 CC]
Legal capacity All citizens have equal LC [art.13(1) CC] LC begins from one’s birth and ends with one’s death. [art.13(2) CC] Content of LC: to owe any property, inherit, choose place of residence, to have intellectual property etc. [art.14 CC]
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Active capacity
	citizen’s capacity by his own actions to obtain and to exercise his civil rights, to create for himself civil obligations and to fulfill them [art.17 CC]
Active capacity citizen’s capacity by his own actions to obtain and to exercise his civil rights, to create for himself civil obligations and to fulfill them [art.17 CC]
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Active capacity
Full AC begins with attaining one’s majority, 18 years. [art.17(1) CC]
Marriage at 16 years old or emancipation – full AC at 16. [art.17(2) CC]
Active capacity Full AC begins with attaining one’s majority, 18 years. [art.17(1) CC] Marriage at 16 years old or emancipation – full AC at 16. [art.17(2) CC]
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Marriage at the age of 16 – 18
Consent of parents (adopters, tutors)
Permission of the state organ on guardianship and tutorship, granted when there are…
Significant reasons (pregnancy, military service, long trips etc.)
Marriage at the age of 16 – 18 Consent of parents (adopters, tutors) Permission of the state organ on guardianship and tutorship, granted when there are… Significant reasons (pregnancy, military service, long trips etc.)
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Emancipation (age 16 – 18)
Minor works with labor contract/has his/her own business
Minor is economically independent from his parents/adopters/tutors
Permission of the state organ on guardianship and tutorship
Emancipation (age 16 – 18) Minor works with labor contract/has his/her own business Minor is economically independent from his parents/adopters/tutors Permission of the state organ on guardianship and tutorship
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Results
Marriage under 18:
With the permission of the OGT minor receives full marriage capacity
In the moment a marriage certificate is signed, minor receives full active capacity
Results Marriage under 18: With the permission of the OGT minor receives full marriage capacity In the moment a marriage certificate is signed, minor receives full active capacity
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Active capacity vs marriage capacity of minors from 16 - 18
Active capacity vs marriage capacity of minors from 16 - 18
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Active capacity vs marriage capacity – general view
Active capacity vs marriage capacity – general view
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Active capacity of minors…
… of 14 – 18 years old [art.22 CC]
All bargains – with the consent of parents, adopters or tutors
Dispose own income and objects of their intellectual property, make day-to-day bargains
Active capacity of minors… … of 14 – 18 years old [art.22 CC] All bargains – with the consent of parents, adopters or tutors Dispose own income and objects of their intellectual property, make day-to-day bargains
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Active capacity of minors…
…under 14 [art. 23 CC]
For them all the bargains are made by parents, adopters and guardians
Simple day-to-day bargains correspondent to their age
Active capacity of minors… …under 14 [art. 23 CC] For them all the bargains are made by parents, adopters and guardians Simple day-to-day bargains correspondent to their age
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Limitation of active capacity
Why: 
	alcoholic or drug addiction which puts one’s family in difficult financial situation [art.27 CC]
Limitation of active capacity Why: alcoholic or drug addiction which puts one’s family in difficult financial situation [art.27 CC]
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Ceasing of active capacity
Why: 
	mental decease due to which a person does not realize own actions [art. 26 CC]
Ceasing of active capacity Why: mental decease due to which a person does not realize own actions [art. 26 CC]
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Marriage capacity
A capacity to enter into marriage.
Starts with 18
Ends with one’s death
Marriage capacity A capacity to enter into marriage. Starts with 18 Ends with one’s death
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Limitation/ceasing of marriage capacity
Age (non below 18 (16))
Close relatives
Mental illness which had resulted in ceasing of active capacity
Limitation/ceasing of marriage capacity Age (non below 18 (16)) Close relatives Mental illness which had resulted in ceasing of active capacity
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habilis ad nuptias, 
habilis ad pacta nuptialia
habilis ad nuptias, habilis ad pacta nuptialia
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Marriage capacity is not to be confused with
Marriage capacity is not to be confused with
Family legal capacity
Family active capacity




To be continued…
Marriage capacity is not to be confused with Marriage capacity is not to be confused with Family legal capacity Family active capacity To be continued…