Comment on the article  17. Legal capacity of citizens  The Civil Code of the Republic of Kazakhstan  

Legal capacity, like legal capacity, is an integral part of legal personality (see paragraph 4 of the commentary to art. 12 of the Civil Code). Unlike legal capacity as a legal property of a person that is not directly related to his mental state, legal capacity requires a citizen to have a sufficiently developed intellect and will, the ability to recognize his actions and be aware of these actions. Therefore, a citizen's legal capacity arises in full with the onset of adulthood, that is, upon reaching the age of eighteen, when a person can, as a rule, act quite consciously and reasonably.

A citizen's legal capacity includes the ability to acquire and exercise civil rights by his actions, as well as to create and fulfill civil duties for himself. In particular, the concept of legal capacity covers the ability to make transactions and other lawful actions, as well as the ability to bear responsibility for civil offenses. At the same time, legal capacity represents precisely the legal ability to perform actions, and not the actual commission of actions of legal significance, which are legal facts.

The legislation makes a number of exceptions to the general rule on the full onset of legal capacity when a citizen reaches the age of eighteen. One of them is indicated in paragraph 2 of the commented article. In the case of marriage, a citizen who has not reached the age of eighteen acquires full legal capacity from the time of marriage.

Since, by virtue of Article 13 of the KBS, the rights and obligations of spouses are generated only by marriage concluded in accordance with the procedure established by law, it should be concluded that the actual marriage (cohabitation) of a minor under the age of eighteen does not entail the acquisition of full legal capacity.  

Paragraph 2 of the commented article does not say anything about the loss of full legal capacity in the event of divorce by a person under the age of eighteen. Therefore, it should be concluded that in this case, the legal capacity of a minor who has dissolved a marriage remains in full.  

Paragraph 3 of the commentary to this article states that the legislation establishes a number of exceptions to the general rule of achieving full legal capacity upon reaching the age of eighteen. Such exceptions usually relate to certain areas of civil relations. Thus, by virtue of Article 25 of the Civil Code, minors have the right to make deposits in banks and independently manage their deposits (see Article 25 of the Civil Code and its commentary)Paragraph 3 of the commentary to this article states that the legislation establishes a number of exceptions to the general rule of achieving full legaly upon reaching the age of eighteen. Such exceptions usually relate to certain areas of civil relations. Thus, by virtue ofe 25 of the Civil Code, minors have the right to make deposits in banks and independently manage their deposits (see Article 25 of the Civil Code and its commentary). Minors between the ages of 14 and 18 have the riMinors between the ages of 14 and 18 have the right to independently manage their earnings, scholarships, other incomes and the objects of intellectual property rights created by them (paragraph 2 of Article 22 of the Civil Code). The legislation establishes other exceptions to the general rule on the full onset of legal capacity from the age of eighteen.

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Like legal capacity, legal capacity has its measure in legislation, which may prohibit certain actions. For example, actions aimed at infringing on the legitimate interests of persons engaged in similar business activities are prohibited (unfair competition - see art. 11 of the Civil Code).

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