Family Law

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 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, 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]
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)
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
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 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 18

Active capacity vs marriage capacity of minors from 16 - 18

Active capacity vs marriage capacity – general view

Active 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 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 difficult financial situation [art.27 CC]

Ceasing 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
Ends with one’s death

Limitation/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