(2)CapacityforCivilConductWhatiscapacityforcivilconduct?。The capacityfor civil conduct (or civil act capacitycapacityofexercise)ofanindividualisthecapabilityof the person to acquirebythe ownforceandtoexercise civil rights,to assume civilobligations,andtoexecutethem.Forexample,toconcludeacontract.Do all persons have capacityforcivil conduct?Not all natural persons have the full capacityto actbyhimselforherself
(2)Capacity for Civil Conduct What is capacity for civil conduct? ◦ The capacity for civil conduct (or civil act capacity, capacity of exercise) of an individual is the capability of the person to acquire by the own force and to exercise civil rights, to assume civil obligations, and to execute them. ◦ For example, to conclude a contract. Do all persons have capacity for civil conduct? ◦ Not all natural persons have the full capacity to act by himself or herself
Whenaperson cangetcapacityforcivilconduct?Unlikethecapacityforcivil rights,whichisheldbyeveryperson,thecapacityforcivil conductisconditionedbytheexistenceofdiscernment,whichistheindividual'sabilitytocorrectlyrepresentthelegalconsequencesofhismanifestationofwill;orsimply,itmeanstheabilitytounderstandthemeaningofone'sactionsItistherefore importantfor apersonwho enters intoatransactionto havereached a certain minimumlevel ofintelligenceand mental maturity
When a person can get capacity for civil conduct? Unlike the capacity for civil rights, which is held by every person, the capacity for civil conduct is conditioned by the existence of discernment, which is the individual's ability to correctly represent the legal consequences of his manifestation of will; or simply, it means the ability to understand the meaning of one's actions. It is therefore important for a person who enters into a transaction to have reached a certain minimum level of intelligence and mental maturity
Typesofcapacityforcivil conductGenerally,therearethreetypes of capacityfor civil conduct according totheCivil Code:Apersonwith。Fullcapacity。Limitedcapacity。Nocapacity
Types of capacity for civil conduct Generally, there are three types of capacity for civil conduct according to the Civil Code: A person with ◦ Full capacity ◦ Limited capacity ◦ No capacity
1)FullCapacityforCivilConductGenerally,thiscapacitybeginsonthedatewhenanaturalpersonbecomesanadult.In China,a naturalperson attainingtheageof eighteen is anadult.Anadulthasfull capacityforcivil conduct and mayperform juridical acts independentlyAnatural personundertheage ofeighteen isaminor.But aminorattainingtheageofsixteenandprimarilyrelyingonhisorherownlaborincomeinlivingisdeemed apersonwithfull capacityforcivilconductinChina
1) Full Capacity for Civil Conduct ◦ Generally, this capacity begins on the date when a natural person becomes an adult. ◦ In China, a natural person attaining the age of eighteen is an adult. An adult has full capacity for civil conduct and may perform juridical acts independently. ◦ A natural person under the age of eighteen is a minor. But a minor attaining the age of sixteen and primarily relying on his or her own labor income in living is deemed a person with full capacity for civil conduct in China
2)LimitedCapacityforCivilConductAccordingtotheCivil Code,aminorbetweentheagesofeightandeighteen,oranadultwhoisunabletofullydiscerntheirconductdueto mental healthproblems,isconsideredtohavelimitedcapacityforcivilconductHowdopersonswithlimitedcapacityforcivilconductcarryoutcivilactions?Insuchcases,theyarerequiredtoberepresentedbyastatutoryagent(suchasaparent,grandparent,orotherguardian)whenperforminglegalactions,ortheiractionsmustbe consented to orratified bytheirstatutory agent.This means that theyhave alegalguardian whomakesdecisionsontheirbehalf.For example,aten-year-old child'sparentsmayexecutetransactionsonbehalfofthechild.Doesapersonwith limitedcapacityforcivil conductlosetheabilitytoperformanycivilactions?However,aminorormentallyincompetentpersonmayindependentlyperformlegalactionsthatsolelybenefitthemselvesorareappropriatefortheirage,intelligence,ormentalhealth.Forexample,aten-year-oldchild may engagein transactions withtheconsentofhisorherparents
2)Limited Capacity for Civil Conduct ◦ According to the Civil Code, a minor between the ages of eight and eighteen, or an adult who is unable to fully discern their conduct due to mental health problems, is considered to have limited capacity for civil conduct. How do persons with limited capacity for civil conduct carry out civil actions? ◦ In such cases, they are required to be represented by a statutory agent (such as a parent, grandparent, or other guardian) when performing legal actions, or their actions must be consented to or ratified by their statutory agent. This means that they have a legal guardian who makes decisions on their behalf. For example, a ten-year-old child’s parents may execute transactions on behalf of the child. Does a person with limited capacity for civil conduct lose the ability to perform any civil actions? ◦ However, a minor or mentally incompetent person may independently perform legal actions that solely benefit themselves or are appropriate for their age, intelligence, or mental health. For example, a ten-year-old child may engage in transactions with the consent of his or her parents