☰ Contents · State and law

Civil law

Lessons 12 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
12

Civil law in Uzbekistan

Textbook: pp. 53–58
GoalExplain the subject and sources of civil law, its participants, and the difference between legal capacity and active capacity.
New words
civil law · fuqarolik huquqilegal capacity · huquqiy layoqatactive (transactional) capacity · muomala layoqatilegal entity · yuridik shaxs
Explanation

Civil law regulates property relations and personal non-property relations connected with them (for example protecting honour and dignity): shopping, gifts, rent, inheritance — all belong here. Its main sources are the Constitution, the Civil Code (adopted in two parts in 1995–1996, fully in force since 1 March 1997 and amended many times), other laws, acts of the President and government, Uzbekistan’s international treaties and business customs. The participants are individuals (citizens, foreign citizens, stateless persons), legal entities and the state, which takes part on an equal footing with the others. A legal entity is an organisation with separate property, liable for its obligations with that property, able to hold rights and duties in its own name and to be plaintiff and defendant in court; they are commercial (aiming at profit, for example a limited liability company or a joint-stock company) or non-commercial (for example public associations or foundations). Legal capacity is the ability to have rights and duties; it begins at birth and lasts for life. Active capacity is the ability to acquire rights and perform duties through one’s own acts: full from 18; partial at 14–18 (deals with parental consent, but own wages, stipend and deposits can be managed independently); from 6 to 14 only small everyday deals and deals that bring a free benefit; for a child under 6, deals are made by the parents (legal representatives) on the child’s behalf. A minor who has reached 16 and works under an employment contract or does business with parental consent can be declared fully capable (emancipation); a person who lawfully marries before 18 also gains full active capacity. Only a court declares a person incapable, and a guardian is then appointed.

Worked examples
A twelve-year-old buys a notebook at a corner shop. This is a small everyday deal the child may carry out alone; a larger purchase such as property or expensive equipment requires a parent or legal representative.
Ibrohim is 15; he can manage the money he earned in a summer job, but to sell his bicycle or sign an expensive loan agreement he needs his parents’ written consent. Active capacity widens with age.
Class activity

“Who can do it?” role-play: 8 deals (buying bread, selling a phone, making a bank deposit, an employment contract and so on) and 4 age cards (8, 13, 15, 17). Pairs choose “independently”, “with parental consent” or “not possible” for each deal.

Practice
1
What does civil law regulate?
2
What is the main difference between legal capacity and active capacity?
3
Is “buying a phone independently” possible for a 12-year-old, a 15-year-old and a 19-year-old?
4
Why does only a court declare a person incapable?