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Incapacity for civil conduct means
civics
They cannot carry out civil activities independently, but only by them
Legal representative
Proxy conduct
Civil activity
.
[1]
Minors under the age of eight and adults who cannot identify their own acts shall be persons without capacity for civil conduct.
[2]
Capacity for civil conduct
Referred to as "capacity" - refers to the ability to exercise rights and obligations in accordance with the law by their own behavior, so that the relevant legal relations occur, change or eliminate the qualification. There are three types of capacity:
Full capacity
,
Limited capacity
,
incapacity
.
According to the evaluation of the law, the protection of incapacitated persons takes precedence over the protection of transactions.
- Chinese name
- No capacity for civil conduct
- Foreign name
- civil disability
- Divided into three kinds
- Full capacity, limited capacity
- Behavioral effectiveness
- Pure profit-making behavior
- Constitutive element
- Age and cognitive judgment
catalogue
According to the
General Provisions of the Civil Law of the People's Republic of China
The conditions that constitute a person without capacity for civil conduct are "under the age of eight" and "completely unable to identify his own conduct." That is, age and cognition and judgment ability, but the constitution of a person without civil capacity does not need both of them, and the relationship between age and cognition and judgment ability is "or". As long as one of them is possessed, a person without civil capacity is identified.
Article 20 A minor under the age of eight shall be a person without capacity for civil conduct and shall be represented by his agent AD litem in performing a civil juristic act.
Article 21 An adult who is unable to identify his own conduct shall be a person without capacity for civil conduct and shall be represented by his agent AD litem in performing a civil juristic act.
If a minor over the age of eight cannot identify his own conduct, the provisions of the preceding paragraph shall apply.
[3]
The effect of civil acts independently performed by persons without capacity shall be null and void.
General Provisions of Civil Law:
Article 20
A minor under the age of eight shall be a person without capacity for civil conduct and shall be represented by his agent AD litem in performing civil juristic acts.
Article 21
An adult who is unable to identify his own act shall be a person without capacity for civil conduct and shall be represented by his agent AD litem in performing a civil juristic act.
If a minor over the age of eight cannot identify his own conduct, the provisions of the preceding paragraph shall apply.
Article 144
A civil juristic act performed by a person without capacity for civil conduct shall be invalid.
