Review Capacity and How to Apply It in Transactions and Claims and Its Distinction in The Private Law of Public Law

According That every human being will enjoy civil rights, Sometimes a human in fetus It is and carries civil rights when it is born alive But no one can Implement their rights unless it would have legal capacity. Therefore, consideration is given to the status of legal capacity in transactions and in litigation, and to the examination of legal effects related to the distinction between public jurisdiction and private law. Research And The research method is descriptive and library. Also in the interaction or resolution of the conflict between Articles 212 and 213 C.l, it should be noted that there is a special and general conditions between Articles 212 and 213. Anyone who is incapable It s not necessarily do all of the above mentioned qualities. Therefore, the legislature has also, for this purpose, incapables person that lack all three characters at one and the same time. Verdict Their transactions separate them from those of the incapable of them And their transactions are void and those of other incapables who have some capacitys Due to the existence of some of the same features, their transactions have been considered invalid

کلیدواژه ها:

Capacity ، Enjoyment ، take advantage ، Legal capacity ، possession ، Incapable