ТНЕ ACTIVE LEGAL CAPACITY OF NATURAL PERSONS IN ТНЕ CIVIL LAW

Abstract

This paper’s research subject is the active legal capacity of natural persons as participants in civil- law relations. The paper will analyze the meaning of active legal capacity as an element of the personhood of natural persons that enables persons to actively participate in legal transactions by expressing their will in legal relations. In order to comprehensively present the nature of the institute-active legal capacity, the paper will present the types of active legal capacity, the conditions for acquiring active legal capacity, as well as the termination of active legal capacity. The complexity of the institute-active legal capacity in civil law will be presented through the analysis of the types of active legal capacity and their impact on the personhood of natural persons. The conditions for acquiring active legal capacity will be analyzed in correlation to the types of active legal capacity in order to show what conditions must be met for a certain person to acquire a certain type of active legal capacity. The paper will also analyze the termination of the active legal capacity, showing the reasons for the termination and the legal consequences of the termination of the active legal capacity. The paper will also contain a comparative legal analysis of the legal regulation of the institute-active legal capacity in the modern legal systems of EU candidate countries and EU member states.