Презумпция необходимой зрелости сознательно-волевой сферы физического лица

The article examines the types of legal presumptions, provides an analytical review of the literature, as well as the opinions of civil scientists on the topic under study. Based on the theoretical analysis, a definition of the concept of civil capacity of an individual as a presumption of the necessary maturity of the conscious-volitional sphere of an individual has been developed. It is stated that, in the presence of legal facts indicating a negative impact on the conscious-volitional sphere of an individual, such a presumption can be refuted. It is concluded that the refutation of the presumption of the necessary maturity of the conscious-volitional sphere of an individual is the restriction of the civil capacity of an individual, and the legal facts are the statutory grounds for limiting the capacity. The given author's definition allows us to clarify the legal essence and features of the legal capacity of an individual and its limitations, which have theoretical and practical significance in legal science. Keywords: presumption, refutation of presumption, civil law, family law, objective law, legal personality, legal capacity, legal capacity, limitation of legal capacity, legal capacity, legal capacity to commit a delict, social maturity, conscious-volitional sphere, reasonableness, conscientious behavior, legal fact, individual, guardian, trustee.