Tort ability of the citizen as an element of civil capacity: psychological preconditions and the civil legal maintenance of concepts

On the basis of the analysis of psychological preconditions of tort ability as a legal category and its place in the system of other juridical notions the article comes to a conclusion that tort ability is a structural element of capability. As an element of legal capacity delictual capacity is regarded as the ability of a person to be delictually responsible. The author’s proposal is to introduce a legal definition of civil capacity as a capacity of a citizen to incur civil liability.