BASED ON THE DEFINITION OF CIVIL ADVANTAGES OF INDIVIDUALS: QUESTIONS OF THEORY AND PRACTICE

Abstract:

In the context of the work carried out on a project of a new edition of the Civil Code of the Republic of Uzbekistan, the theoretical aspects of the foundations of determining the legal capacity of individuals on the basis of current civil law standards of the Republic of Uzbekistan are considered. The relevance and scientific novelty of legal regulation of civil advantages of individuals are identified. The situation is justified that the idea of ​​civil legal personality is associated with the presence of such qualities as legal capacity and capacity. It is determined that although civil rights belong to the person regardless of its legal capacity, but at the same time, only persons with legal capacity can be parties to individual civil legal relations. The provision is considered that although the law does not directly indicate the cessation of the legal capacity of the citizen declared dead, but the legislation did not "recognize the citizen who deceased", and "the declaration of him deceased", which emphasizes the difference between the establishment of the fact of death and the declaration of deceased, which is not Eliminates the possibility of the appearance of this person. It is considered that the legal capacity of an individual is a prerequisite for the prevalence of specific subjective rights, as well as equality in the ability to be a carrier of civil rights and obligations does not mean equality in specific subjective rights