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Journal articles on the topic 'Legal capacity'

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1

IKEHARA, Yoshikazu. "Legal Capacity." Japanese Sociological Review 74, no. 4 (2024): 715–33. https://doi.org/10.4057/jsr.74.715.

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Vahanova, I. M. "THE INSTITUTE OF LEGAL CAPACITY AND LEGAL CAPACITY IN ROMAN LAW." Juridical scientific and electronic journal, no. 6 (2024): 19–21. http://dx.doi.org/10.32782/2524-0374/2024-6/2.

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Intigam Garayeva, Aysel. "CONTRACTUAL CAPACITY OF MINORS." SCIENTIFIC WORK 65, no. 04 (2021): 133–36. http://dx.doi.org/10.36719/2663-4619/65/133-136.

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Capability is one of the essential factors that the validity of contract stipulates the existence of it. Contractual capability means capacity and competency of parties. Individuals, legal entities, as well as states and municipalities may act as a party in concluding a contract. In general, it is important for individuals to have full active legal capacity in order to enter into a contract without someone's approval. As a legal matter, there are certain groups of people who are presumed to have no or limited contractual capacity to make an agreement. Minors included in this group must comply
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4

Ellis, Peter. "Mental capacity: legal considerations." Journal of Kidney Care 9, no. 2 (2024): 83–86. http://dx.doi.org/10.12968/jokc.2024.9.2.83.

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Ellis, Peter. "Mental capacity: legal considerations." Journal of Kidney Care 9, no. 3 (2024): 136–38. http://dx.doi.org/10.12968/jokc.2024.9.3.136.

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Umarova, Iroda. "LEGAL CAPACITY OF ARTIFICIAL INTELLIGENCE: IS IT POSSIBLE? LEGAL AND MORAL-ETHICAL ASPECT." American Journal of Political Science Law and Criminology 6, no. 2 (2024): 61–65. http://dx.doi.org/10.37547/tajpslc/volume06issue02-13.

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This article will discuss the possibility of endowing artificial intelligence with legal capacity in general and the legal regulation of legal relations related to the creation of IP objects with artificial intelligence in the territory of the Republic of Uzbekistan.
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Суханов, Евгений, and Evgeniy Sukhanov. "About Civil Legal Capacity of Public Legal Entities." Journal of Russian Law 6, no. 1 (2017): 5–15. http://dx.doi.org/10.12737/art_2018_1_1.

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8

Shapsugova, M. D. "LEGAL CAPACITY OF ARTIFICIAL INTELLIGENCE." Juvenis Scientia, no. 8 (2019): 4–7. http://dx.doi.org/10.32415/jscientia.2019.08.01.

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Digitalization of the economy makes research in the field of artificial intelligence relevant. The introduction of robots in all spheres of human life gives rise to problems of responsibility for the actions of artificial intelligence, for example, in the event of an accident involving an unmanned taxi. No less relevant is the problem of intellectual property in the results of intellectual activity. Who should be considered the author of a work created by artificial intelligence: the robot itself, man? These practical problems entail the need for a scientific and theoretical understanding of t
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Tarasov, Oleh V. "Legal Personality in International Migration: the Personological Aspect." Problems of legality 162 (2023) (September 29, 2023): 218–38. https://doi.org/10.21564/2414-990X.162.287143.

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The article examines the legal nature and content of legal subjectivity of international migrants using the cutting-edge methodology of international legal personology. The relevance of the research topic is the need to apply the personology methodology to the study of the personal component of the international legal system, especially in the context of Russian aggression which poses a threat to the lives of Ukrainian refugees. The purpose of the article is to determine the legal nature and content of international migration legal personality of a person using the latest methodology of intern
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10

Klie, Thomas, and Jörg Leuchtner. "Mental Capacity." GeroPsych 28, no. 1 (2015): 7–15. http://dx.doi.org/10.1024/1662-9647/a000117.

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The Convention on the Rights of Persons with Disabilities (CRPD) was adopted on December 13, 2006. It states that, in order to guarantee their legal capacity, all individuals with a disability are entitled to receive access to legal assistance and support proportionate to the degree of their respective mental capacity. Appropriate professional and legal interaction with people suffering from dementia presents a key challenge to all countries that have ratified the CRPD. This review describes the meaning of Article 12 of the CRPD with regard to the mental capacity of people with dementia as wel
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11

Tsereteli, G. "THEORETICAL ASPECTS OF THE LEGAL CAPACITY OF A LEGAL ENTITY." Scientific heritage, no. 160 (May 8, 2025): 18–24. https://doi.org/10.5281/zenodo.15362509.

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The relevance of the presented article is determined by the legal and factual circumstances that the criminal liability of a legal entity is provided for in numerous international conventions and also in the domestic legislation of many countries. In Georgian legislation, specifically through the amendments made to the Criminal Code of Georgia on August 25, 2006, the issue of the punishability of a legal entity was legalized. This has led to diverse approaches regarding how a legal entity could commit a crime when, generally, only a natural person can be the subject of a crime. The question al
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12

Majszyk, Sławomir. "Prawo do zawierania umów międzynarodowych przez Stolicę Apostolską." Studia Iuridica, no. 86 (June 14, 2021): 152–67. http://dx.doi.org/10.31338/2544-3135.si.2020-86.10.

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The Holy See is a specific (sui generis) subject of the international law. The acknowledgement of the international legal personality is related to the possession of legal capacity and the capacity of legal international proceedings. The Holy See is regarded as a sovereign subject of international law, which has its own rights and obligations concerning international relations. It has the right to send and receive the minister resident (ius legationis), to participate in conferences and to be member of international organizations (ius foederum), as well as the treaty making capacity (ius tract
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13

Lepping, Peter. "Overestimating patients' capacity." British Journal of Psychiatry 199, no. 5 (2011): 355–56. http://dx.doi.org/10.1192/bjp.bp.111.094938.

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SummaryClinicians regularly overestimate patients' capacity to make decisions. This may jeopardise their autonomous decision-making. It may lead to poor clinical outcomes for patients and has potential adverse legal consequences for clinicians. There is a need to use the legal principles of the Mental Capacity Act more rigorously.
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14

Volodymyr, Sichevliuk. "Generaltheoretical research of combined legal subjectity." ScienceRise: Juridical Science, no. 2(8) (June 28, 2019): 14–20. https://doi.org/10.15587/2523-4153.2019.172254.

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Combined legal subjectity is the genus of legal subjectity which subjects of law acquire as a result of legitimate filling of gaps in the structure and/or content of their legal subjectity by the relevant parts of the legal subjectity of other persons. According to the author, there are three groups of cases in which the subject of law is forced to attract an external legal-subjectity resource in order to supplement the potential of its own legal subjectity. The first group should include situations of complete absence or limited presence in the legal subjectity of a social actor of one or mor
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15

Delineau, Valeska Maria Eboli Bello, and Rodrigo Rizek Schultz. "Dementia and legal determination of capacity." Arquivos de Neuro-Psiquiatria 75, no. 6 (2017): 349–53. http://dx.doi.org/10.1590/0004-282x20170061.

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ABSTRACT One of the consequences of dementia is the possibility of a guardianship proceeding that will deprive patients of legal capacity in taking decisions and managing their own assets. Objective To assess the legal capacity and guardianship proceedings in patients diagnosed with dementia. Methods Ninety-seven patients diagnosed with dementia and seen at a tertiary hospital were evaluated. Results Of these 97 patients, 60 (62%) were female. The mean age of the patients was 77.9 years; average schooling was 5.5 years. The main diagnosis was Alzheimer’s disease (73%): 16 patients were at a mi
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16

Cvetic, Radenka. "Legal capacity and biomedicine: Biomedical discrimination." Zbornik radova Pravnog fakulteta, Novi Sad 45, no. 3 (2011): 349–62. http://dx.doi.org/10.5937/zrpfns1103349c.

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17

Chavarro, Miguel Alfredo Ledesma. "From interdiction to full legal capacity." Forensic Research & Criminology International Journal 12, no. 1 (2024): 68–77. http://dx.doi.org/10.15406/frcij.2024.12.00399.

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Interdict and allow, a verbal antinomy with a conceptual distance that constitutes semantic extremes with deep meaning that humanity has gone through, from the enormous prohibition or interdiction of the legal capacity of people with disabilities, to the full permission of the exercise and enjoy your rights. In search of real legal equality, the Convention on the Rights of Persons with Disabilities introduced for "all members of the human family" (Preamble), a notable advance within the plexus of human rights, including dignity. With the interest that those postulates are fulfilled to the high
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18

Long, R. C., L. Peterson-Sakai, and J. Srouji Gantner. "CAPACITY ISSUES FROM A LEGAL STANDPOINT." Innovation in Aging 1, suppl_1 (2017): 718. http://dx.doi.org/10.1093/geroni/igx004.2579.

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19

Myrzakhanova, Marzhan, and Yerlan Myrzakhanov. "ACTIVE LEGAL CAPACITY IN CIVIL LAW." Administrative and Criminal Justice 3, no. 76 (2016): 70. http://dx.doi.org/10.17770/acj.v3i76.2858.

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Raksts veltīts fizisko personu rīcībspējas īpatnību izpētei Kazahstānas Republikas civiltiesībās. Autori analizē rīcībspējas saturu un pazīmes, norādot, ka rīcībspēja rada gan tiesības, gan arī pienākumu atbildēt par radīto kaitējumu. Rakstā īpaši akcentēti nepilngadīgu personu rīcībspējas aspekti. Secināts, ka rīcībspēja ir neatņemama cilvēktiesību sastāvdaļa, kuras ierobežošana var notikt tikai īpašā, likumā noteiktā kārtībā.
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20

Voskou, Panagiota, and Sokratis Papageorgiou. "Dysphasia after stroke and legal capacity." Journal of the Neurological Sciences 455 (December 2023): 122655. http://dx.doi.org/10.1016/j.jns.2023.122655.

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21

Simonović, Ivana. "Deprivation of legal capacity, in light of the concept of legal capacity as a human right." Zbornik radova Pravnog fakulteta Nis 59, no. 86 (2020): 75–90. http://dx.doi.org/10.5937/zrpfn0-23598.

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22

Series, Lucy. "Relationships, autonomy and legal capacity: Mental capacity and support paradigms." International Journal of Law and Psychiatry 40 (May 2015): 80–91. http://dx.doi.org/10.1016/j.ijlp.2015.04.010.

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23

Saadulaev, А. І. "Administrative procedural legal capacity and capacity of foreigners and stateless persons: concept and essence." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 124–27. http://dx.doi.org/10.24144/2788-6018.2021.03.23.

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Participants in the administrative process are its participants. However, in order to be a subject of administrative proceedings, its participants must have administrative procedural capacity and legal capacity, while the legal status and procedural status of foreigners and stateless persons, the scope and content of functions and tasks of these persons may differ significantly from other participants in administrative proceedings. Given that administrative procedural capacity and legal capacity are the most important features of the administrative process, this controversial category still at
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24

Shuvalov, I. I. "On the entrepreneurial legal capacity of public legal entities in Russia." Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series 65, no. 4 (2020): 493–99. http://dx.doi.org/10.29235/2524-2369-2020-65-4-493-499.

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This article is devoted to one of debatable issues– the possibility of classifying theRussian Federation, the subject of theRussian Federationand the municipality as subjects of entrepreneurial activity. Consideration of doctrinal positions, as well as the study of new forms of business activity allowed the author to draw the following conclusions. Actions performed by any public legal entity are solely aimed at ensuring public interests, which at first glance indicates that it is impossible to classify public legal entities as business entities. At the same time, the new forms of economic coo
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25

Harahonych, O. "On the essence of economic legal capacity." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 132–36. http://dx.doi.org/10.24144/2788-6018.2022.04.24.

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The article focuses on the elucidation of the essence of economic legal capacity as an element of economic legal personality, the analysis of its essential characteristics, as well as the delimitation of this legal category with related ones.
 Economic competence indicates the economic rights and obligations the entity is endowed with by law and constituent documents. The economic legal capacity covers the scope of economic rights and obligations that the subject is able to possess in addition to those enshrined in the law and constituent documents.
 Economic legal capacity and econo
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26

Esanova, Zamira. "THE CASES RELATED TO THE LEGAL CAPACITY OF A CITIZEN: THEORETICAL ANALYSIS AND PRACTICAL RESULTS." Jurisprudence 2, no. 1 (2022): 75–83. http://dx.doi.org/10.51788/tsul.jurisprudence.2.1./nrxq3872.

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The legal capacity and its procedural peculiarities, the issues connected with the rights and legal capacity of citizens, the procedure of considering those cases in courts, opinions about characteristics of the cases in these categories as well as proposals and recommendations were explained in this article. The article discusses the material and procedural legal capacity, legal capacity, procedural legal capacity, procedural capacity, emancipation, limitation of civil capacity, incapacity, involuntary or involuntary psychiatric treatment of a person.), the need for inclusion in legislation a
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27

Martinez-Pujalte, Antonio. "Legal Capacity and Supported Decision-Making: Lessons from Some Recent Legal Reforms." Laws 8, no. 1 (2019): 4. http://dx.doi.org/10.3390/laws8010004.

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Article 12 of the Convention on the Rights of Persons with Disabilities calls for a thorough review of State laws to recognise the right of persons with disabilities to enjoy legal capacity on an equal basis with others, thereby abolishing substitute decision-making regimes, and to receive the support they need for its exercise. With the aim of providing useful guidelines for legislative changes yet to be made, the present study examines and assesses, in the light of the Convention, some of the most recent and innovative legislative reforms in the area of legal capacity. The analysis shows tha
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Mahomed, Faraaz, Michael Ashley Stein, Charlene Sunkel, Juliana Lynn Restivo, and Vikram Patel. "Mental health, human rights, and legal capacity." Lancet Psychiatry 9, no. 5 (2022): 341–42. http://dx.doi.org/10.1016/s2215-0366(21)00463-6.

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29

Ryan-Morgan, Tracey, and Parker Gaby. "Mental Capacity Casebook:Clinical Assessment and Legal Commentary." Neuropsychologist 1, no. 8 (2019): 16. http://dx.doi.org/10.53841/bpsneur.2019.1.8.16.

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30

Bagheri, Parviz, Kamal Halili Hassan, and Mehdi Shabannia Mansour. "Parties’ legal capacity in electronic commerce transactions." European Journal of Law and Economics 44, no. 3 (2012): 503–15. http://dx.doi.org/10.1007/s10657-012-9372-x.

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Gárdos-Orosz, Fruzsina, and Bernadette Somody. "Conceptualizing the Legal Capacity to Fundamental Rights." Studia Iuridica Lublinensia 32, no. 5 (2023): 385–405. http://dx.doi.org/10.17951/sil.2023.32.5.385-405.

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While the capacity to have rights has been a question since people started creating states and law, having the capacity to exercise fundamental rights is a contemporary legal issue. The article focuses on the legal capacity to fundamental rights and presents an innovative proposal for the legal doctrine related to the concept of the normative constitution of fundamental rights. The authors argue that protecting fundamental rights is incomplete if uncertainties exist regarding these rights’ subjects. Due to the complexity of the problem and the relevance of the “judge-made law”, the article off
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Zadorozhnaya, Evgenia V. "A Digital Urban Dweller: Legal Capacity Issues." Town-Planning Law 1 (February 8, 2024): 22–26. http://dx.doi.org/10.18572/2500-0292-2024-1-22-26.

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The article analyzes the problem of regulatory regulation of digital counterparts of citizens in the infosphere of the city, taking into account the potential development of artificial intelligence. The author explores the possibility of recognizing the technical and legal image of a modern city dweller endowed with artificial intelligence, legal fiction and quasi-subject of law.
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33

Wheeler, Robert. "Delusions erode capacity." Bulletin of the Royal College of Surgeons of England 104, no. 5 (2022): 262–63. http://dx.doi.org/10.1308/rcsbull.2022.102.

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34

Anatoliy, Kostruba. "METHODOLOGICAL BASIS OF LEGAL PERSONALITY OF THE STATE (CIVIL ASPECTS)." Journal of Legal, Ethical and Regulatory Issues 20, no. 1 (2017): 1–11. https://doi.org/10.5281/zenodo.3701577.

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Article deals with the investigation the legal nature of the state. It was found that the state is the allied unity of settled people provided with primary power of primacy. The essence of the state lies in creation of conditions for the development of the civil society, implementation of shared interests of members of society. The state is a means of social compromise of members of civil society. It appears not only as a form of provision of such social compromise, but also as an active and equal member of the relevant legal relations. The ability of the state to be an active participant in s
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Veliyev, Ruslan. "Презумпция необходимой зрелости сознательно-волевой сферы физического лица". Azerbaijani Lawyer Journal 24, № 2 (2024): 44–52. http://dx.doi.org/10.61638/amag3589.

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The article examines the types of legal presumptions, provides an analytical review of the literature, as well as the opinions of civil scientists on the topic under study. Based on the theoretical analysis, a definition of the concept of civil capacity of an individual as a presumption of the necessary maturity of the conscious-volitional sphere of an individual has been developed. It is stated that, in the presence of legal facts indicating a negative impact on the conscious-volitional sphere of an individual, such a presumption can be refuted. It is concluded that the refutation of the pres
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Supeno, Supeno. "Legal capacity in online loan transactions (The study on legal personal liability theory)." Annals of Justice and Humanity 1, no. 2 (2023): 51–57. https://doi.org/10.35912/ajh.v1i2.1347.

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Purpose: This study aims to determine how the law views the aspect of legal capacity in conducting online loan transactions and the exact aspect of legal capacity in the context of the Legal Personal Liability theory. Research Methodology: This research employed a blended aspect by using a statutory approach, case approach, and theoretical approach. Results: The author claims that the understanding of legal capacity in the legal aspect that measures age and status is inappropriate, and legal capacity must be interpreted not only in terms of age or status but it must also be interpreted more br
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KADRI, Shkurte. "SPECIAL LEGAL CAPACITY OF LAWYERS: LAWYER, NOTARY AND EXECUTOR." International Journal of Legal Sciences-JUSTICIA 12, no. 21-22 (2024): 216–24. http://dx.doi.org/10.62792/ut.jus.v12.i21-22.p2774.

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The research object of this paper is the special legal capacity of lawyers, specifically, the special legal capacity for the performance of advocacy activities, regulated by the Law of Advocacy, the special legal capacity for providing notarial services, according to the Law on notaries, and the special legal capacity of the executors, according to the Law on Enforcement. Full legal capacity is the abstract possibility of physical and legal persons to be the provider of rights and obligations. All physical persons have full legal capacity, however, some physical persons, because they fulfill s
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Rosas, Nelson, and Pablo Marshall. "The Functional Model of Legal Capacity: An Analysis of the Regulation of Legal Capacity in three Common Law Jurisdictions." Latin American Legal Studies 10, no. 1 (2023): 195–245. http://dx.doi.org/10.15691/0719-9112vol11n1a6.

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This paper introduces the developments of the functional model of legal capacity in the Common Law tradition to Spanish-speaking academic audiences. To achieve this, a brief comparison is drawn between different models to assess whether an adult lacks the necessary capacity to enter legal transactions. It is observed that, out of all these models, the functional model is the only one currently enjoying relative acceptance. For this reason, we comment on its virtues and defects. After the introductory part, this piece moves on to a study of how forensic practice in three jurisdictions that are
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Leyla, Mariusovna Burkhanova. "BASED ON THE DEFINITION OF CIVIL ADVANTAGES OF INDIVIDUALS: QUESTIONS OF THEORY AND PRACTICE." Eurasian Journal of Academic Research 2, no. 1 (2022): 159–68. https://doi.org/10.5281/zenodo.5884855.

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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 right
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Pospolitak, Volodymyr. "Peculiarities of the legal status of banks as legal entities." NON-GOVERNMENTALORGANIZATION“CIVIL LAW PLATFORM” 1, no. 2 (2024): 83–108. http://dx.doi.org/10.69724/2786-8834-2024-2-2-83-108.

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The article describes the peculiarities of banks’ legal personality and considers approaches to the universal and special legal capacity of banks as legal entities. It also argues the expediency of using the dynamic theory for determining banks’ legal capacity and the application of special legal ability of banks. The analysis provided in the article is based on the approach according to which the legal ability of legal entities that in the future must obtain permission (permit, license, registration or authorization) for the right to conduct certain types of activities arises in two stages. F
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Mazure, Līga. "PATIENT’S LEGAL CAPACITY AND PRESENCE OF PATIENT’S WILL EXPRESSION." Latgale National Economy Research 1, no. 3 (2011): 181. http://dx.doi.org/10.17770/lner2011vol1.3.1813.

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When the law on the rights of patients came into force on March 1, 2010 the normative regulations regarding the patient’s will became more nuanced and detailed. However, the normative acts still contain inconsistencies and change of approach in connection with patients’ legal capacity. The peculiarities of the practical application of the patients’ legal capacity institute also make foreruns for the transformation of theoretical understanding of patients’ legal capacity in medical treatment. For historical objective circumstances the legal practice is developed in connection with legal relatio
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42

Kareva, I. D. "THE ASPECTS OF THE INCORPORATION AND TERMINATION OF LEGAL CAPACITY OF A LEGAL ENTITY." Juvenis Scientia, no. 11-12 (2019): 14–16. http://dx.doi.org/10.32415/jscientia.2019.11-12.04.

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In this article, the author considers a different approach from the traditional one to the question of the incorporation and termination of the legal capacity of a legal person. As a result of a systematic analysis of legislation and law enforcement practice, the author concludes that the actual and legal emergence and termination of the legal capacity of the legal entity should be distinguished. At the same time, the presumption of de facto termination of a legal entity is enshrined by law. The author also examined the phenomenon of restoring the legal capacity of a legal entity to the courts
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43

Vatras, V. A., and L. D. Nechiporuk. "Civil procedural capacity as a condition for exercising the right to sue in civil proceedings." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 125–29. http://dx.doi.org/10.24144/2788-6018.2024.03.19.

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The article examines the conditions for exercising the right to sue in civil proceedings, - the presence of civil procedural capacity in the plaintiff. It is noted that the plaintiff can personally exercise the right to sue or with the help of court representatives. However, in any case, he must have civil procedural capacity, since, if a lawyer will act on his behalf, the latter must be authorized to conduct a civil case in the interests of the plaintiff. The authorization assumes that the principal has legal capacity. It is claimed that the plaintiff’s civil procedural legal capacity togethe
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44

Elagina, A., and V. Byzova. "On the issue of the concept and essence of the legal capacity citizens." Bulletin of Science and Practice 4, no. 5 (2018): 532–36. https://doi.org/10.5281/zenodo.1246565.

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This article discusses issues related to changes in the Civil Code of the Russian Federation concerning legal peculiarities in relation to incompetent and severely capable persons. Also, the work analyzes the norms of international law on the issue under consideration. Particular attention is paid to the problems of determining by court incapacitated persons and those with limited active legal capacity. Also, the complexities of legal relations between guardians and incompetent.
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Prášková, Helena. "Status jednotlivce ve správním právu." AUC IURIDICA 67, no. 4 (2021): 11–30. http://dx.doi.org/10.14712/23366478.2021.35.

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The article deals with the status of natural and legal persons, who are as the addressees of public administration one of the subjects of administrative-law relationship. In the introduction, the legal position (status) of a person is generally described. The following chapters then progressively examine legal personality, legal capacity, delictual liability, capacity to be party to proceedings and procedural capacity; that is capacity of individuals as well as legal entities. They focus on specificities of these types of capacity in the area of administrative law, on their legal regulation an
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Siddiq, Nurman, and Rudhiana Salam. "Enhancing Legal Certainty through Legal Reform in Indonesia: Problems and Efforts to Strengthen Legal Institutions." Strata Law Review 3, no. 1 (2025): 1–14. https://doi.org/10.59631/slr.v3i1.62.

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Legal certainty is a fundamental aspect of the rule of law in Indonesia, as mandated in the 1945 Constitution. However, legal uncertainty persists due to the weakness of legal institutions, which undermines public trust, social stability, and economic growth. This study explores the challenges faced by key legal institutions—police, prosecutor’s office, and judiciary—and their impact on legal certainty. The research employs a normative legal method with a conceptual approach, analyzing secondary legal sources to assess the effectiveness of legal enforcement mechanisms. Findings indicate that c
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Iseli, Luzia M., Tenzin Wangmo, Helena Hermann, Manuel Trachsel, and Bernice S. Elger. "Evaluating Decision-Making Capacity." GeroPsych 31, no. 2 (2018): 67–75. http://dx.doi.org/10.1024/1662-9647/a000186.

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Abstract. The study identified factors that make an evaluation of decision-making capacity (DMC) difficult for clinicians in their daily work. Semistructured interviews were carried out with 24 healthcare professionals from Switzerland and subsequently thematically analyzed. The challenges they faced when evaluating DMC stemmed from three main concerns: patient characteristics that impede DMC evaluation; differing opinions and consequences of DMC evaluation; and familial and legal situations that complicate such evaluations. Physicians must be adequately trained to evaluate DMC as it is closel
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Usmonova, Muniskhon. "DESCRIPTION OF LEGAL CRITERIA ENSURING THE NORMAL STATE OF PARTICIPATION OF AN INDIVIDUAL IN CIVIL RELATIONS." Jurisprudence 1, no. 3 (2021): 46–53. http://dx.doi.org/10.51788/tsul.jurisprudence.1.3./nvjc2529.

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The article analyzes the legal criteria that ensure the normal participation of an individual in civil law relations. These legal criteria are studied by the author in four groups. The article examines the categories of legal capacity and delicacy ability, including legal personality, understanding and awareness of the consequences of their actions, coming of age and obtaining full legal capacity before the onset of majority (emancipation, marriage before reaching the marriageable age in cases stipulated by law). Different views of scientists on legal capacity are compared. Along with legal ca
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Tőkey, Balázs, and Bernadette Somody. "The Concept of Legal Capacity in Private Law and Constitutional Law." Studia Iuridica Lublinensia 33, no. 1 (2024): 263–78. http://dx.doi.org/10.17951/sil.2024.33.1.263-278.

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Legal capacity, i.e. being the holder of rights, is an essential legal term, but it does not necessarily mean the same in all areas of law. The article focuses on the concept and regulation of legal capacity in private law and the area of fundamental rights. These two areas deserve attention because their concepts of legal capacity seem to be closely connected even though they have different purposes in the legal system. The article discusses these connections and controversies from two complementary aspects. On a historical and comparative basis, the authors describe how the concept of legal
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Le, Toan. "Vietnam’s Experience in Developing International Trade Lawyers Following Five Years of World Trade Organization Accession." Journal of World Trade 47, Issue 3 (2013): 675–705. http://dx.doi.org/10.54648/trad2013020.

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(Research shows the development of institutional and legal capacity is important in managing World Trade Organization (WTO) participation. Vietnam, an emerging economic power in Asia, is expected to face increasing legal challenges in the WTO dispute settlement forum. This article examines Vietnam's experience in developing its legal capacity and critically assesses Vietnam's capacity to develop indigenous legal capacity in WTO law. A conclusion is formed that building capacity is technically and politically difficult for small nations like Vietnam. On the basis of the research conducted, this
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