Commentary to article 14. The main content of the legal capacity of citizens of the Civil Code of the Republic of Kazakhstan
Civil legal capacity is an abstract, but not meaningless, ability to have specific subjective rights and responsibilities. Therefore, the content of legal capacity is the totality of all property and personal civil rights and obligations, the subject of which can be a citizen in accordance with the law.
The commented article indicates only the main content of a citizen's legal capacity. Therefore, the list of types of legal capacity of a citizen given in the commented article is not exhaustive. The full scope of citizens' civil legal capacity is disclosed by civil and other legislation, which includes the norms of civil law (see art. 3 of the Civil Code and commentary thereto), as well as international treaties ratified by the Republic of Kazakhstan. For example, the legal capacity of a citizen to own property in relation to such an important object of property rights as a land plot is disclosed in the Land Decree. The Decree provides for the right of citizens to have privately owned land plots provided for personal subsidiary farming, gardening, cottage construction, as well as land plots provided for building or built up with industrial and non-industrial, including residential buildings, structures and their complexes (see paragraphs 1 and 2 of art.33 of the said Decree).
The commented article lists the basic rights that a citizen can have. But the content of legal capacity also includes duties that a citizen can bear. These duties are not specifically listed in the article being commented on, as they usually correspond to the relevant rights of other citizens or legal entities. Thus, the right to own property corresponds to the obligation of any citizen and legal entity not to violate this right. By entering into obligations as debtors, citizens exercise their legal capacity to perform duties.
A number of duties included in the scope of citizens' legal capacity are explicitly stated in the law. Thus, according to paragraph 3 of Article 8 of the Civil Code, the exercise of civil rights should not violate the rights and legally protected interests of other subjects of law, and should not cause damage to the environment. According to clause 4 of Article 8 of the Civil Code, citizens must act in good faith, reasonably and fairly when exercising their rights. This obligation cannot be excluded or limited by the contract.
Actions of citizens aimed at harming another person or abusing the right in other forms are not allowed (paragraph 5 of Article 8 of the Civil Code).
The legal capacity of citizens of the Republic of Kazakhstan outside its borders, for example, the right to own property abroad or the right to travel freely outside the Republic of Kazakhstan, is implemented taking into account the norms of the national legislation of the respective States and private international law.
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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
