Legal and doctrinal foundations of the tort capacity of persons with limited legal capacity

Introduction: the study of the subject's capacity for will, its legal abilities will always be relevant, which is associated with the transformation of social relations, the emergence of new ways of expressing the will of a person in law. Modern trends in the development of artificial intelligence, the attempts made to assign to it some elements of will inherent in a person, completely elevate the category of legal personality and its elements to the rank of one of the most in-demand for study. Throughout history, law projects an approach to the formation of norms and rules, the emergence of new forms of existence and manifestation of will does not change this approach, on the contrary, it enhances the importance of the foundations of legal behavior and we perceive new forms of existence and manifestation of will not only alien, but also hostile. At the same time, the study of traditional, habitual volitional capacities of a person can create a platform for the emergence of legal norms and rules to regulate those very new forms of existence and manifestation of will. Materials: The normative basis of the study is formed by the Constitution of the Russian Federation, the Civil Code of the Russian Federation, civil and civil procedural legislation, in the part regulating the grounds for limiting the legal capacity of a subject and determining its tort capacity, materials of judicial practice reflecting the criteria for determining the subject's legal capacity. The methodological basis of the study was the general scientific dialectical method; logical, systematic methods, cognitive methods and techniques of observation, comparison, generalization and description; specific scientific method: formal-legal. The results of the study: allowed to highlight the place of tort capacity in the structure of legal personality, to determine its features as an independent legal category, which combines legal and legal capacity. Legal capacity is manifested in tort capacity as the ability to assess the antisocial nature of one's actions, which is a reflection of the person's volitional capacity, which is why, in order to have tort capacity, it is necessary to have at least part of the legal capacity, as is the case with subjects with limited legal capacity. Legal capacity in tort capacity projects the function of the ability to bear obligations of a certain type (responsibility). A subject who is not tort-capable is not only unable to create and fulfill an obligation, but is not even able to bear it. Thus, the absence of legal capacity entails the absence of tort capacity, and limitation of legal capacity does not entail limitation of tort capacity, which allows us to conclude that persons with limited legal capacity have full tort capacity. Findings and Conclusions: persons with limited legal capacity have full tort capacity. The grounds for limiting legal capacity are divided into three groups depending on the purposes they are aimed at. In all three cases, limiting legal capacity entails limiting positive volitional capacity, which is aimed at making various types of transactions; the capacity to bear responsibility is not limited. With regard to persons limited in legal capacity on the grounds of Art. 30 of the Civil Code of the Russian Federation, the legislator has specifically indicated in one case that such subjects have full tort capacity (Art. 1077 of the Civil Code of the Russian Federation); in all other cases, the rule of tort liability is established as “responsibility for damage caused is borne in accordance with this Code.” Such wording allows us to conclude that subjects limited in legal capacity under the rules of Art. 30 of the Civil Code of the Russian Federation have full tort capacity.