ACQUISITION OF THE GENERAL LEGAL CAPACITY

Апстракт

The subject of this research paper is the institution of legal capacity, as
an element of the main and complex institution of civil law, called
"subjectivity". The study shows that the author of this paper aims to present and
analyze the acquisition of the general legal capacity that belongs only to natural
persons as subjects of civil law relations (real, obligational, and hereditary). In
this study, the author presents the acquisition of general legal ability both from
the aspect of modern civil law (Macedonian and foreign), as well as from the
aspect of modern civil law science (domestic and foreign). Pointing to the
different modern norms (as well as the different doctrinal positions) regarding
the determination of the time (the moment) of the acquisition of the general
legal capacity of natural persons, the author concludes that in legal life they can
lead to the adoption of different court rulings, so accordingly, and to the other
occurrence of possible real, bond or inheritance rights in favor or to the
detriment of the natural person who, by birth, acquires general legal capacity.