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 |
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