Family Law Legal capacity and active capacity in

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Family Law Legal capacity and active capacity in family law Family Law Legal capacity and active capacity in family law

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]

Legal capacity • All citizens have equal LC  [art. 13(1) CC] • LC begins fromLegal 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]

Active capacity citizen’s capacity by his own actions to obtain and to exercise his civil rights,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 • Full AC begins with attaining one’s majority, 18 years.  [art. 17(1) 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]

Marriage at the age of 16 – 18 • Consent of parents (adopters, tutors) • PermissionMarriage 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. )

Emancipation (age 16 – 18) • Minor works with labor contract/has his/her own business • MinorEmancipation (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

Results Marriage under 18:  • With the permission of the OGT minor receives full marriageResults 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 Emancipation: • As soon as OGT issues a decision on emancipation minor receives full active capacity • Minor receives marriage capacity at the age of

Active capacity vs marriage capacity of minors from 16 - 18 Marriage capacity. Active capacity Active capacity vs marriage capacity of minors from 16 — 18 Marriage capacity. Active capacity

Active capacity vs marriage capacity – general view  Active capacity vs marriage capacity – general view

Active capacity of minors… … of 14 – 18 years old [art. 22 CC] – AllActive 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… … under 14 [art. 23 CC] – For them all the bargainsActive 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

Limitation of active capacity Why:  alcoholic or drug addiction which puts one’s family in difficultLimitation of active capacity Why: alcoholic or drug addiction which puts one’s family in difficult financial situation [art. 27 CC]

Ceasing of active capacity Why:  mental decease due to which a person does not realizeCeasing of active capacity Why: mental decease due to which a person does not realize own actions [art. 26 CC]

Marriage capacity • A capacity to enter into marriage.  • Starts with 18 • EndsMarriage capacity • A capacity to enter into marriage. • Starts with 18 • Ends with one’s death

Limitation/ceasing of marriage capacity • Age (non below 18 (16)) • Close relatives • Mental illnessLimitation/ceasing of marriage capacity • Age (non below 18 (16)) • Close relatives • Mental illness which had resulted in ceasing of active capacity

habilis ad nuptias,  habilis ad pacta nuptialia  habilis ad nuptias, habilis ad pacta nuptialia

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




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