07/10/2022 09:51

Distinguish between civil legal capacity and civil act capacity in Vietnam

Distinguish between civil legal capacity and civil act capacity in Vietnam

In the civil field, each individual has civil legal capacity and civil act capacity. These are two capacities of completely different nature and have been specified in the Civil Code 2015 of Vietnam.

We can distinguish civil legal capacity and civil act capacity through a number of criteria below:

SPECIFICATIONS 

CIVIL LEGAL CAPACITY

CIVIL ACT CAPACITY

Concept

The civil legal capacity of an individual is the capacity of an individual to have civil rights and civil obligations

An individual's civil act capacity is the ability of an individual to establish and perform civil rights and obligations by his/her own actions.

Content

- Moral rights are not attached to the property and moral rights are attached to the property.

- Ownership, inheritance and other rights to property.

- The right to participate in a civil relationship and to have obligations arising from such relationship.

 

- Ability to establish and exercise civil rights by their actions and perform specific civil obligations;

- The ability to be personally responsible for his or her actions, including both legal and illegal acts.

Time of birth

Since the individual was born

When reaching a certain age and having normally developed intelligence. Individuals understand and control their own acts when establishing and performing civil rights and obligations, and are responsible for such acts.

 

End time 

 

When the individual dies

When there is a decision declaring a person incapacitated for civil acts by the Court.

Characteristics

- All individuals have the same civil legal capacity.

- Continuity.

- Not all individuals are capable of performing and establishing the same civil rights and obligations.

- Can be interrupted or lost.

Limit

The civil legal capacity of an individual is not restricted, except for the application of additional criminal penalties or administrative violation handling measures such as a ban from holding certain posts, or a ban from doing certain professions or jobs. determined; banned from residence; probation; deprivation of certain citizenship rights; stripped of the military title....

This restriction can only be decided by a court or an administrative agency in accordance with the order and procedures prescribed by law.

- Loss of civil act capacity: A person who is unable to perceive or control his/her acts due to a mental illness or another disease; ... is declared by a court to have lost his/her civil act capacity.

- Difficulty in perception and behavior control: Adults are unable to perceive and control their acts due to their physical or mental conditions but have not yet lost their civil act capacity; were declared by the Court to have difficulty in cognition and behavior control.

- Restricted civil act capacity: A person addicted to drugs or other stimulants leading to the destruction of family property is declared by the court to have limited civil act capacity.

For example

The right to have a full name, the right to have a birth... of an individual since birth

Individuals aged full 18 years or older have the right to vote, and female individuals aged full 18 years have the right to register their marriage...

Legal grounds

Article 16, Article 17, Article 18 Civil Code 2015 of Vietnam 

Articles 19 to 24 of the Civil Code 2015 of Vietnam 

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Xuan Hien
41


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