Exam proportion of civil law in our institutions is relatively more, and important. On the one hand, its exam more content, a wide range of knowledge will be relatively more scattered, resulting in many students feel difficult to remember the content of civil law; on the other hand, too deep content inspection, resulting in many students for learning basic civil law are He is holding perfunctory idea, which is the cause of our loss of points. Today we talk about the investigation into the institutions of civil law often test centers (civil legal relations subject of a natural person) and pro forma tips:
First, the capacity for civil rights of natural persons
1. Concept
Capacity for civil rights of a natural person, a natural person is legally entitled to civil rights and civil obligations qualifications.
2. start and end time
Article 13 of the "General Principles of Civil Law" states: "When a natural person from birth to death, with a capacity for civil rights, enjoy civil rights and bear civil obligations."
Shows that capacity for civil rights of natural persons begins at birth, and finally death.
Article 15 of the "General Principles of Civil Law" stipulates: "The natural birth time and the time of death to birth certificates, death certificates record time prevail; there is no proof of birth, death certificates, household registration time or other valid identity registration records for quasi there is other evidence sufficient to invalidate the above record time to the evidence based on the time. "
3. To protect the interests of the fetus
Article 16 of the "General Principles of Civil Law" states: "involving inheritance, gift, etc. accepted fetal protection of the interests of the fetus as having capacity for civil rights but for the death of the body when the baby is delivered, that there is no capacity for civil rights from the beginning.."
Civil rights of individuals in relatively simple inspection institutions, basically its original inspection notes, for which a memory pressure is relatively simple. When civil rights and the ability to examine ways to direct questions sometimes generated when a natural person to destroy, in this study is relatively deep fetus to protect the interests of the problem. Study generally binding inheritance, we need deep memory is inheritance or acceptance of the gift, which the fetus as having capacity for civil rights, here is having "considered", the "regarded as" not the same as truly, many students in the examination, the fetus often as people have the ability for civil rights, this view is wrong.
Second, the legal capacity of natural persons
Civil capacity of a natural person, a natural person is able to conduct their civil rights, the ability to bear civil liability. That is natural law independent qualified civil activities.
China's "General Principles of Civil Law" stipulates that age and mental state of a natural person as the standard, the civil capacity of natural persons divided into full civil capacity, with limited civil capacity and no capacity for civil conduct three categories.
1, full civil capacity
① 18 years of age;
Citizens above 18 years of age ②16 dissatisfied with their labor income as the main source of income, regarded as full civil capacity
You can independently perform civil juristic acts (but there are some behaviors need to meet other conditions, such as marriage)
2, limited civil capacity
① full 8 years of age, under 18 years of age;
② unable to fully account for his own conduct adult
Able to independently engage in: ① pure eligible for civil legal acts interests; ② age, mental and spiritual condition to adapt to civil legal act
Other behavior: its legal representative or proxy consent of their legal representatives, ratified
3, no capacity for civil conduct
① less than 8 years of age;
② not for his own conduct independent adults can not perform civil juristic acts shall agents to implement its legal representative.
Civil capacity of natural persons is heavy among our examination into. Its popular to say that a natural person can be doing itself, after its own finish, it can bring to bear the consequences of their behavior. For learn this piece is the understanding of memory, no rote. Behavior made full civil capacity themselves bear responsibility, limitations did conduct civil act capacity or with a pure profit of behavior they can accept themselves as well as the ability to recognize the behavior is, the surplus will not do, to be legal agents to replace or accept the agreement. Our no capacity for civil conduct, itself can not do any act, their actions are to be replaced by his legal representative. For example: 5-year-old minors spend money to buy toys, conduct its own doing is not valid, instead of parents to exercise.
These are the civil rights and civil capacity of natural persons we are talking about, in the institutions of the exam, always grasp the scope of its investigation and study questions, then we consolidate what to do about the topic:
Spring Festival this year, 9-year-old Chen-chen received the elders give lucky money totaling $ 10,000. After the Spring Festival, the parents discuss divorce chen, Chen-chen was brought up by his mother, about 10,000 yuan lucky money belongs, the following statement is correct :( radio)
A. New Year's gift to the elders chen individual, shall be vested in all Chen-chen
B. New Year's money is the exchange of property between parents, parents should be equally distributed chen
C. New Year's money is the common property of the home, Chen-chen and their parents should be equally distributed three
D. chen raised by his mother, Yasui line should chen and female co-ownership
[Answer] A.
[A] based on the provisions of Article 10 of the "Supreme People's Court on the implementation of a number of issues <People's Republic of China Civil Law> comments":. "Management and protection of property is the guardian of one of the guardian's duties" Because minors are restrictions civil capacity, self-punishment is not well handle their own property, so they need a guardian to assist and protect the host. But be clear, guardians only have responsibility to manage and protect, not ownership of the property guardian, so the final analysis, the ownership of some money that belongs to the minor himself. Chen among this question has been 9 years old, able to perform civil juristic acts of pure profit. Therefore, the present title selected A.
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