The Concept Of Civil Legal Personality And Its Elements

  • T.O. Nechytailo
  • V.V. Luts
Keywords: capacity, capability, delectability, legal, civil law.


Legal personality is one of the fundamental categories of rights. In the theory of law Legal personality is understood as the ability of a person to act as a subject of rights and duties.

This article is devoted to research of the concept, nature, components and features of the legal personality of a civil - legal category. It is examined the theoretical and practical approaches to the concept of law. It is determined that in the general theory of law category of ‘ legal personality ‘ is approaches in several ways.

According to, the first way of the concept of « legal personality « and « person of law» are identical. Supporters of the second direction include the legal personality rights and obligations that are identify on the merits of the legal status of a person.

Supporters of the third direction recognize that the content of legal personality include capacity and capability and delectability.

The author has determined that the most clearl definition of the legal personality is when considering it as a combination of capacity, capability and delectability.

So, legal personality can be defined as the ability of individuals to be the subject of the (participant) civil relations, that is the bearer of rights and obligations