Abstract
Within the frame of the discussion about the new Civil Code, the author brings the detailed construction of the legal capacity conception. First, he generally informs about possible legislative-technical approach to this issue.
On the basis of the construction of the historical development, he points out to temporality of selection of individual solutions, presenting then connection between individual manners of solution with certain values (respect for an individual and his personality, legal certainty) to a reader. Due to the fact that from the subject-matter viewpoint the suggested solution is based on the current legal regulation, the author also pays attention to mutual comparison.
Upon this comparison, he arrives at the conclusion that the proposed regulation brings a higher degree of legal certainty compared to the current regulation, and concurrently it fits into the total orientation of the draft on values placing a free individual on the top.