PASSIVE LEGAL CAPACITY OF NATURAL PERSONS IN MACEDONIAN CIVIL LAW

Abstract

The legal capacity (active and passive), delictual capacity and attributes all together constitute personhood of natural and juridical person. In civil law systems usually legal capacity is determined as passive and active. Passive legal capacity is a capacity to have rights and duties under civil law, and active legal capacity is capacity to act. According to law personhood of natural persons begins with acquiring passive legal capacity at the moment of birth. As medicine and technology develops the view of legal doctrine, regarding the moment of acquiring personhood and legal capacity, changes with arguments that “the born alive rule” might be outdated. This article examines the moment of acquisition of passive legal capacity in Macedonian and comparative law according to present legal statute, and the possible consequences derived from the abandonment of the “born alive rule”.