Legal personality of persons recognized as incapacitated and with limited legal capacity due to a mental disorder

Abstract

The article deals with the peculiarities of the legal personality of persons recognized as incapacitated and with limited legal capacity due to a mental disorder. The volume of legal capacity of citizens recognized as having limited legal capacity due to a mental disorder is analyzed. It is noted that citizens who are limited in legal capacity under paragraph 2 of Article 30 of the Civil Code of the Russian Federation are not excluded from participating in property turnover, since they still have the opportunity to make transactions (independently or with the written consent of the trustee). It is pointed out that in the current civil legislation there is no mechanism for implementing the requirement established in paragraph 2 of Article 29 and paragraph 2 of Article 30 of the Civil Code of the Russian Federation to take into account the opinions and preferences of the incapacitated and the limited capable when making transactions and giving consent to transactions, respectively, by the guardian and the trustee. The author substantiates the opinion that based on the legal nature of personal non-property rights, the signs of which are inalienable.