THE NECESSITY OF STRENGTHENING “DISCERNMENT CAPACITY” IN THE NEW CIVIL CODE

Abstract

The article examines the relationship between a citizen’s legal capacity as a subject of civil law and their ability to differentiate. The author emphasizes that one of the important conditions for a citizen to have legal capacity is the ability to understand the significance of their actions and manage them (the ability to distinguish) and that individuals participate in civil legal relations, understanding the meaning of their actions, managing them, and distinguishing their significance. He also identified several cases that negate the ability of citizens to differentiate in their legal capacity. The study revealed that the current Civil Code of the Republic of Uzbekistan does not specify a specific norm regarding this ability to distinguish and examined how this issue is reflected in the civil legislation of foreign countries. The norms of civil legislation, scientific and theoretical works, and conclusions of national and foreign civilist scholars, which strengthen the legal capacity of citizens, were studied on the basis of comparative jurisprudence, analysis, induction, and deduction methods. In the conclusion, the author scientifically substantiated why the new Civil Code should clearly define the characteristics of all persons whose legal capacity is assessed and why the ability to distinguish should be enshrined in legislation and put forward his proposals.