Legal Capacity of Citizens

🔷 I. GENERAL CHARACTERISTICS

Legal capacity of a citizen is the ability to independently acquire rights and fulfill obligations through their own actions (i.e., actively participate in civil legal relations).

Article 17 of the Civil Code of the Republic of Kazakhstan provides:

• the general rule of full legal capacity arising at the age of 18 (age of majority);
• an exception — acquisition of full legal capacity upon marriage before the age of 18;
• equality of legal capacity of all citizens unless otherwise provided by law.

🔹 II. FULL LEGAL CAPACITY FROM THE AGE OF 18 (para. 1)

"...arises in full upon reaching the age of majority..."

🔸 The age of majority is the universal legal age at which a citizen:

• may enter into any civil law transactions,
• bears responsibility for obligations,
• may marry without special permission,
• may be registered as an individual entrepreneur.

📌 Related provisions:

• Article 13 of the Civil Code — legal capacity (arises from birth);
• Article 19 — legal capacity of minors;
• Article 2 — equality of participants in civil legal relations.

📌 Example: From the age of 18, a citizen may independently sign a residential lease agreement, enter into a credit agreement, and engage in business activities.

🔹 III. FULL LEGAL CAPACITY UPON MARRIAGE BEFORE AGE 18 (para. 2)

"...acquires full legal capacity from the time of marriage..."

🔸 This is an exception to the general rule, applicable when:

• marriage is allowed from age 16 with the permission of the local executive authority, pursuant to the Law of the Republic of Kazakhstan "On Marriage and Family" (Article 11).

🔸 Upon entering into marriage:

• the individual acquires all rights of a legally capable adult;
• the dissolution of marriage does not affect legal capacity.

📌 Example: A 17-year-old girl marries with the consent of the akimat. From that moment, she has the right to register as an individual entrepreneur and enter into contracts independently.

🔹 IV. EQUALITY OF LEGAL CAPACITY (para. 3)

"All citizens have equal legal capacity..."

🔸 Establishes the principle of equality:

• legal capacity may not be limited on the basis of gender, nationality, social status, etc.;
• restrictions are allowed only in cases expressly provided by law (e.g., due to mental disorders or substance abuse).

📌 Example: Persons with disabilities, including intellectual disabilities, are considered legally capable unless a court has declared them incapacitated or partially incapacitated (see Article 22 of the Civil Code).

🔷 V. RELATED PROVISIONS OF THE CIVIL CODE OF THE REPUBLIC OF KAZAKHSTAN

🔷 VI. INTERNATIONAL STANDARDS

🔷 VII. JUDICIAL PRACTICE

🔸 Case 1: The court upheld the validity of a transaction concluded by a 17-year-old married citizen — he possessed full legal capacity by virtue of marriage.

🔸 Case 2: The court denied the claim to invalidate a contract made by an 18-year-old citizen, as he had full legal capacity — lack of experience does not affect the validity of the transaction.

🔷 VIII. CONCLUSION

Article 17 of the Civil Code of the Republic of Kazakhstan:

• defines the moment of acquiring full civil legal capacity;
• allows for its earlier acquisition upon entering into marriage;
• establishes equality of all citizens in the ability to exercise their rights and obligations independently.

This is one of the fundamental norms ensuring legal maturity and participation in civil legal relations.

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