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Leonid LICHMAN,

Chairman of the Malynovsky District Court of Odessa, Candidate of Law, Associate Professor, Honored Lawyer of Ukraine

GROUNDS OF LIMITATION OF CAPABILITY OF PHYSICAL PERSON AS MIRROR OF CIVILIZATION CHANGES

The value of category of capability of physical person in a civil law consists in possibility to realize a civil legal capacity. In this way person gets legal ability the actions to acquire for itself civil rights and independently to carry out them, and also ability by the actions to create for itself social duties, independently to execute them and bear the responsibility in case of their squandering.

A capability of physical person in the cases envisaged by the acts of civil legislation is one of terms for realization of acting on behalfs of other person (realization of their rights and duties), which obtain bi this way for civil right and duties. Exactly a complete civil capability, as one of constituents of legal personality, gives to the physical person a competence to carry out the civil rights on her discretion, to give up the property right, and others like that, and to be the participant of the personal unproperty and property relations (civil relations).

The complete civil capability of physical person is characterized two criteria: medical is absence of chronic, proof psychonosema or from opposite presence of psychical health and legal ( after other point of view: psychological) – by realization of value of the actions and possibility (by ability) to manage them, and ability by the actions to acquire for itself civil rights and independently to carry out them, and also by ability by the actions to create for itself social duties, independently to execute them and bear the responsibility in case of their non-fulfillment.

Author investigate dynamics of development of civil legislation in relation to limitation of status of physical person, in particular in the Roman private law, and makes a conclusion that almost always a legislator envisaged possibility of limitation of status of person in due with mental affection, and also squandering.

Such positions were produced as early as the Roman private law and fixing through its reception in many Europe countries.

Author noting that soviet civil legislation at first did not envisage possibility (Civil codex 1922) did not provide limitation of capability of physical person. The cases of confession of person were set only incompetent through psychical illness, wastefulness.

In the process of next codification limitation of capability of citizens appeared as a result of abuse of strong waters or narcotic (in the first release by substances), and then by facilities, and then and «gaming». A list does not exhaust.

Underline, that a psychonosema that substantially influences on ability of physical person to realize the value of the actions and (or) manage them is intermediate between the state of capable and incompetent person.

Author specified that the judicial specific of the cases about limitation of capability of physical person stipulates the obligatory setting of examination, even in default of her consent.

Author makes a conclusion that civilization changes, that touch the sphere of the personal and family life of person, right of ownership, moral foundation of society, health protection, influence on the dynamics of development of civil legislation, that in case of appearance psychiatric, psychological and legal anomalies provides new grounds of limitation of capability of physical person with the aim of protection of rights and interests of this person, his family, other person, that he must contain by the law.

Key words: individual, personality, legal capacity, capacity to act, a restriction of legal capacity, recognizing a person incapacitated.

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